
    Percell SHAW (Deceased) and Annie Doris Harrison (Personal Representative of Estate), Appellants, v. ASSOCIATED GROCERS OF FLORIDA and Associated Industries of Florida, Appellees.
    No. 1D05-3172.
    District Court of Appeal of Florida, First District.
    Dec. 8, 2006.
    Rehearing Denied Jan. 10, 2007.
    Richard E. Zaldivar of Richard E. Zaldi-var, 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 348 (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.  