WELL, et al. v. WELL

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 AYMARA WELL, DAISY LOPEZ, JARIENT A. HERNANDEZ, ** ** Appellants, vs. ** CASE NO. 3D04-2934 ** TONY WELL, ** Appellee. LOWER TRIBUNAL NO. 92-65962 ** Opinion filed August 24, 2005. An Appeal from the Circuit Court for Miami-Dade County, Victoria Platzer, Judge. Pamela A. Leone, for appellants. Perez-Abreau appellee. & Martin-Lavielle and Andy W. Acosta, for Before COPE, C.J., and GREEN and FLETCHER, JJ. PER CURIAM. This is an appeal from an order denying a motion to dismiss an amended petition for modification of a final judgment of dissolution of marriage. We dismiss the appeal for lack of an appealable order. An order denying a motion to dismiss is not an appealable order unless it falls within one of the exceptions enumerated in the appellate rules. See Fla. R. App. P. 9.130; Morton & Oxley & Ltd. v. Eby, 30 Fla. L. Weekly D 1107 (Fla. 2d DCA April 29, 2005); Grafman v. Grafman, 488 So. 2d 115 (Fla. 3d DCA 1986). There is no applicable exception in this case. Appeal dismissed. Although the merits are not now before us, the parties attention is invited to Sekot Laboratories, Inc. v. Gleason, 585 So. 2d 286 (Fla. 3d DCA 1990). 2

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