UN MONDE NOUVEAU INC v. YOUNG MEN CHRISTIAN ASSOCIATION OF SOUTH FLORIDA INC (2023)

District Court of Appeal of Florida, Third District.

UN MONDE NOUVEAU, INC., etc., Appellant(s)/Petitioner(s), v. YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH FLORIDA, INC., etc., Appellee(s)/Respondent(s),

CASE NO.: 3D22-2012

Decided: February 16, 2023

Upon consideration of Appellant's February 13, 2023, response to this Court's Order to Show Cause, the Court dismisses Appellant's appeal because the Court lacks appellate jurisdiction to review the challenged order.

The challenged order, the trial court's October 21, 2022, order granting in part, and denying in part, Appellee's motion to dismiss Appellant's second amended complaint, is a non-final, non-appealable order. Not only is Count II of Appellant's second amended complaint (a count not dismissed by the order) inextricably intertwined with the counts dismissed by the order, the order also allows Appellant leave to file a third amended complaint to reinstate Count III, and the Record on Appeal evidences that Appellant, in fact, filed its third amended complaint on or about November 12, 2022.

EMAS, SCALES and BOKOR, JJ., concur.

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