GMI, LLC v. Asociacion Del Futbol Argentino, 174 So. 3d 500 (Fla. 3d DCA 2015). · Go Syfert
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GMI, LLC v. Asociacion Del Futbol Argentino, 174 So. 3d 500 (Fla. 3d DCA 2015). Cases Citing This Book View Copy Cite
“an order that merely grants a motion to dismiss is not a final order. . . . for an order to be final, it must constitute an entry of a dismissal of the case. it is the dismissal of the case that is final and appealable, not an order simply granting a motion.”
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: Ancla International v. Tribeca Asset Management (fladistctapp, 2019-03-13)
Top citers, strongest first. 10 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ancla International v. Tribeca Asset Management
Fla. Dist. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
an order that merely grants a motion to dismiss is not a final order. . . . for an order to be final, it must constitute an entry of a dismissal of the case. it is the dismissal of the case that is final and appealable, not an order simply granting a motion.
discussed Cited as authority (verbatim quote) Salgado v. Suyapa-Jimenez
Fla. Dist. Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence high
an appropriate order dismissing a case could be captioned 'final order dismissing the case or complaint,' although the caption is not controlling.
cited Cited as authority (rule) Eco Green International LLC v. Acapital, S.R.O
Fla. Dist. Ct. App. · 2025 · confidence medium
This is true even if the order grants the motion ‘with prejudice.’” GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015) (internal citation omitted).
discussed Cited as authority (rule) Lynne'a Saito and Koichi Saito v. Collier County, State of Florida, Decubas & Lewis, P.A., Pratick Patel, Peter Lanning, and Exl Legal, Pllc
Fla. Dist. Ct. App. · 2025 · confidence medium
See Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) (“[I]t is well-established that an order which 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) (“An order that merely grants a motion to dismiss is not a final order.
discussed Cited as authority (rule) Eric Josey v. Flagler County Board of County Commissioners, School Board of Flagler County, Flagler County Sheriff's Office and City Commission of the City of Bunnell
Fla. Dist. Ct. App. · 2025 · confidence medium
See Touchton v. Woodside Credit, LLC, 316 So. 3d 392 , 394 (Fla. 2d DCA 2021) (“Where an order merely grants a motion to dismiss, it is not a final order.”); GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015) (noting order that merely grants motion to dismiss is not final order even if order grants motion with prejudice); Rollins Fruit Co., Inc. v. Wilson, 923 So. 2d 516, 520 (Fla. 2d DCA 2005) (“The trial court did not take the additional step of entering a final judgment in favor of the defendants.”).
cited Cited as authority (rule) Toscano Condo Assoc. v. Dda Engineers
Fla. Dist. Ct. App. · 2019 · confidence medium
It is the dismissal of the case that is final and appealable . . . .” GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015).
cited Cited as authority (rule) Heritage Property and Casualty Insurance Co. v. Romanach
Fla. Dist. Ct. App. · 2017 · confidence medium
Our show cause order cited GMI, LLC v. Asociacion del Futbol Argentino, 174 So.3d 500, 501 (Fla. 3d DCA 2015) ("An order that merely grants a motion to dismiss is not a final order.”). 3 .
cited Cited "see" Juana Y. Galvez v. CIT Bank
Fla. Dist. Ct. App. · 2025 · signal: see · confidence high
See GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015) (“An order that merely grants a motion to dismiss is not a final order. . . .
cited Cited "see" Michelle Pimienta v. David Abraham Rosenfeld
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015).
cited Cited "see" Lanson v. Reid
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500 (Fla. 3d DCA 2015).
Retrieving the full opinion text from the archive…
GMI, LLC, Etc., Appellant,
v.
ASOCIACION DEL FUTBOL ARGENTINO, Etc., Appellee
3D15-1678.
District Court of Appeal of Florida, Third District.
Aug 26, 2015.
174 So. 3d 500
2015 Fla. App. LEXIS 12732
2015 WL 5023491
Salpeter Gitkin, LLP, and James P. Git-kin and Joseph H. Rose (Fort Lauderdale), for appellant., Atkinson & Brownell, P.A., and John Bond Atkinson and Krystina N. Jirón; Dorsey & Whitney, LLP, and Juan C. Basombrio and Karen A. Morao (Costa Mesa, Calif.), for appellee.
Salter, Fernandez, Logue.
Cited by 9 opinions  |  Published
LOGUE, J.

GMI, LLC filed a notice of appeal seeking review of an order captioned “Order Granting Defendant’s Motion to Dismiss” which it characterized as a final order. The body of the order reads in its entirety:

This cause having come to be heard on July 17, 2015 on Defendant’s motion to dismiss amended complaint and the court having heard arguments of counsel, and being otherwise advised in the premises, it is hereupon ORDERED and ADJUDGED that said motion be and same is hereby granted. Plaintiff is not granted leave to amend.

An order that merely grants a motion to dismiss is not a final order. Bd. of Cnty. Comm’rs of Madison Cnty. v. Grice, 438 So.2d 392, 394 (Fla.1983) (“An order on a motion to dismiss may not be final, but an order which actually dismisses the complaint is.”). This is true even if the order grants the motion “with prejudice.” Gries Inv. Co. v. Chelton, 388 So.2d 1281, 1282 (Fla. 3d DCA 1980) (“An order granting a motion to dismiss is not final and not appealable. We reject [Appellant’s] contention that the addition of the words ‘with prejudice’ makes the order final.”). For an order to be final, it must constitute an entry of a dismissal of the case. It is the dismissal of the case that is final and ap-pealable, not an order simply granting a motion. Id.

As a plain reading indicates, the order under appeal merely grants a motion; it does not contain language that dismisses the case. Accordingly, it is not a final order and the notice of appeal is premature.

An order dismissing a case could be modeled, with necessary modifications, after the Order Dismissing Case for Lack of Prosecution contained in The Forms for Use with Rules of Civil Procedure, which the Florida Supreme Court has placed at the end of the Florida Rules of Civil Procedure. An appropriate order dismissing a case could be captioned “Final Order Dismissing the Case [or Complaint],” although the caption is not controlling. See Boyd v. Goff, 828 So.2d 468 (Fla. 5th DCA 2002). Its body might read “The motion to dismiss is granted. The plaintiff [name]’s complaint and case against defendant [name] are dismissed. The court reserves jurisdiction to consider a timely motion for costs and attorney’s fees.”

Although the appeal in this case is premature because the order appealed is not final, Florida Rule of Appellate Procedure 9.110(i) provides “[b]efore dismissal, the court in its discretion may grant the parties additional time to obtain a final order from the lower tribunal.” We exercise that discretion here and grant GMI thirty days to obtain a final order from the trial court and to file an amended notice of appeal. Chelton, 388 So.2d at 1282 n. 4. Failure to timely comply with this order will cause this appeal to be dismissed. This decision does not affect the progress of the appeal.