PERCELL SHAW (DECEASED) AND ANNIE DORIS HARRISON (PERSONAL REPRESENTATIVE OF ESTATE) v. ASSOCIATED GROCERS OF FLORIDA AND ASSOCIATED INDUSTRIES OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA PERCELL SHAW (DECEASED) AND ANNIE DORIS HARRISON (PERSONAL REPRESENTATIVE OF ESTATE), NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D05-3172 Appellants, v. ASSOCIATED GROCERS OF FLORIDA AND ASSOCIATED INDUSTRIES OF FLORIDA, Appellees. _____________________________/ Opinion filed December 8, 2006. An appeal from an order of the Judge of Compensation Claims. Gerardo Castiello, Judge. Richard E. Zaldivar of Richard E. Zaldivar, P.A., Miami, and Jay M. Levy of Jay M. Levy, P.A., Miami, for Appellants. Mary Ann Stiles of Stiles, Taylor & Grace, P.A., Tampa, and Rayford H. Taylor of Stiles, Taylor & Grace, P.A., Atlanta, GA, for Appellees. PER CURIAM. This appeal is dismissed as being improperly brought from a nonfinal order which granted a motion to dismiss, but which did not actually dismiss the action in the lower tribunal. See Mintz v. Broward Correctional Institute, 800 So. 2d 343 (Fla. 1st DCA 2001). Furthermore, it appears that in the procedural context below a dismissal in the lower tribunal would be without prejudice. ERVIN, ALLEN and WOLF, JJ., CONCUR. 2

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