Furstace v. Migdall

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JOSEPH FURSTACE AND JOSEPH GALUSZKA, Appellants, v. Case No. 5D13-2285 ALLAN M. MIGDALL AND JAMES MASSARO, Appellees. ________________________________/ Opinion filed October 24, 2014 Appeal from the Circuit Court for Orange County, Alice Blackwell, Judge. John M. Bringardner and Mason B. Binkley, of Lewis, Brisbois, Bisgaard & Smith, LLP, Tampa, for Appellants. Carl F. Schoeppl, of Schoeppl & Burke, P.A., Boca Raton, for Appellee Allan M. Migdall. No Appearance Massaro. for Appellee James PER CURIAM. Joseph Furstace and Joseph Galuszka appeal from an order granting Allan Migdall s motion to dismiss their second amended complaint. We dismiss this appeal for lack of jurisdiction. The trial court s order did not reflect that the dismissal was with prejudice, nor did it otherwise suggest that Appellants were precluded from seeking relief under an alternative theory. See Jim Macon Bldg. Contractors v. Lake Cnty., 763 So. 2d 1223, 1225 (Fla. 5th DCA 2000); EIR, Inc. v. Elec. Molding Corp., 540 So. 2d 260 (Fla. 5th DCA 1989). APPEAL DISMISSED. PALMER, EVANDER, and BERGER, JJ., concur. 2

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