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PER CURIAM. Affirmed. We lack jurisdiction to address the propriety of the trial court’s denial of the motion to dismiss the only claim against appellant American States Insurance Company [American States]. Peavy v. Parrish, 385 So.2d 1034 (Fla. 4th DCA 1980) (a denial of a motion to dismiss is not an appealable non-final order).
Therefore, we must consider that American States remained, whether properly or improperly, a defendant at the time the trial court heard appellants’ joint motion to dismiss and motion to transfer venue. Because American States conducted business in Broward County, where appel-lees filed their complaint, the trial court did not err when it entered the appealed order which denied a transfer of venue. § 47.-011, Fla.Stat. (1989).
AFFIRMED.
GLICKSTEIN, C.J., and GARRETT and FARMER, JJ., concur.
Document Info
Docket Number: No. 92-0022
Citation Numbers: 597 So. 2d 919
Judges: Farmer, Garrett, Glickstein
Filed Date: 4/22/1992
Precedential Status: Precedential
Modified Date: 7/29/2022