BAY LIFE AIR CONDITIONING, INC. vs K&C CORK & BOTTLE, LLC D/B/A TWO HENRYS BREWING

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BAY LIFE AIR CONDITIONING, INC., a Florida corporation, Appellant, v. K&C CORK & BOTTLE, LLC d/b/a TWO HENRYS BREWING, a Florida limited liability company, Appellee. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2D17-1164 Opinion filed December 20, 2017. Appeal from the Circuit Court for Hillsborough County; Claudia R. Isom, Judge. Daniel F. Pilka of Pilka & Associates, P.A., Brandon, for Appellant. Gregory D. Jones and Jordan L. Behlman of Rywant Alvarez Jones Russo & Guyton, Tampa, for Appellee. PER CURIAM. This appeal is dismissed as from a nonfinal, nonappealable order. See Fla. R. App. P. 9.130(a)(3); cf. Hayward & Assocs., Inc. v. Hoffman, 793 So. 2d 89, 91 (Fla. 2d DCA 2001) ("[l]t is well-established that an order that merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."); GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015) ("It is the dismissal of the case that is final and appealable, not an order simply granting a motion."). LaROSE, C.J., and CASANUEVA and VILLANTI, JJ., Concur. -2-

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