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TOWER IMAGING LLC v. DIRECT GENERAL INSURANCE COMPANY (2022)

District Court of Appeal of Florida, Third District.2022-11-16No. No. 3D22-83

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Opinion

Appellant, plaintiff below, Tower Imaging, LLC a/a/o Cindy Boyer, appeals a December 15, 2021 trial court order that granted appellee, defendant below, Direct General Insurance Companys June 1, 2021 amended motion to dismiss Tower Imagings complaint. After Tower Imaging filed its initial brief with this Court, Direct General filed a notice conceding that the trial court erred by granting Direct Generals dismissal motion. Normally, in a confession of error case, upon receipt of an appellees confession of error, we review the record and, assuming we agree with appellee that the trial court erred, we issue a short reversal opinion. See, e.g., Feldman v. Citizens Prop. Ins. Corp., 97 So. 3d 975 (Fla. 3d DCA 2012). Upon our review of the record in this case, however, we are compelled to dismiss the appeal for lack of jurisdiction. The challenged order merely grants Direct Generals motion to dismiss; the order on appeal does not dismiss Tower Imagings lawsuit. The challenged order, therefore, is a non-final, non-appealable order. Notwithstanding Direct Generals confession of error, we are without jurisdiction to adjudicate the appeal. See Bank of America, N.A. v. Cartus, 920 So. 2d 774 (Fla. 3d DCA 2006).

Appeal dismissed.

PER CURIAM.