Opinion
No. 88-874.
December 13, 1988.
An Appeal from a non-final order from the Circuit Court for Dade County; Robert P. Kaye, Judge.
Franklin and Marks, Miami, and Wayne Pathman, Miami Beach, for appellant.
Walton, Lantaff, Schroeder Carson and Robert L. Teitler, Miami, for appellee.
Before BARKDULL, BASKIN and JORGENSON, JJ.
We reconsider our earlier denial of appellee's motion to dismiss the appeal. Upon further consideration, we find that the order on motion for summary judgment is a non-final, nonappealable order, Bravo Elec. Co. v. Carter Elec. Co., 522 So.2d 480 (Fla. 5th DCA 1988); see White Palms of Palm Beach, Inc. v. Fox, 525 So.2d 518 (Fla. 4th DCA 1988), and interrelated issues remain to be tried. See Gassner v. Caduceus Self Ins. Fund, Inc., 532 So.2d 1133 (Fla. 4th DCA 1988); Miami-Dade Water Sewer Auth. v. Metropolitan Dade County, 469 So.2d 813 (Fla. 3d DCA 1985), review denied, 482 So.2d 349 (Fla. 1986).
Accordingly, we dismiss the appeal without prejudice to the institution of a plenary appeal upon entry of a final judgment.