PEDRO MENDEZ v. SHOMA DEVELOPMENT CORPORATION and TRANSPORTATION CASUALTY

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA PEDRO MENDEZ, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. CASE NO. 1D05-0672 SHOMA DEVELOPMENT CORPORATION and TRANSPORTATION CASUALTY, Appellees. Opinion filed April 25, 2005. An appeal from an order of the Judge of Compensation Claims. S. Scott Stephens, Judge. Frank J. Taddeo, Coral Gables, for appellant. No appearance for appellees. PER CURIAM. Because the order being appealed herein dismisses the petition for benefits without prejudice and contemplates the refiling of the petition or the filing of a motion for entry of a final order, we dismiss this appeal as being taken from a nonfinal, nonappealable order. See generally Croes v. University Community Hospital, 886 So. 2d 1040 (Fla. 1st DCA 2004); Zito v. Jeff Harding, Inc., 870 So. 2d 964 (Fla. 1st DCA 2004). We likewise decline appellant s request that we undertake certiorari review of the order, since appellant has failed to demonstrate that the remedy afforded by appeal from a final order will be inadequate. BARFIELD, ALLEN and THOMAS, JJ., concur. 2

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