The jury found in favor of Richard Halbman. Simon and J. Dowd, J., concur. We dismiss for lack of appellate jurisdiction. Prior to trial, respondent dismissed the third count. Appellants' subsequent motion for a new trial was denied, after a hearing, by the trial court on July 9, 1999.
Appellants raise one point on appeal.
In their sole point, appellants argue the trial court erred in overruling their motion to dismiss respondent's petition because respondent's petition was barred by the statute of limitations. We have previously held that the trial court's denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and therefore, is not reviewable. Accordingly, we decline to review appellants' appeal of the denial of their motion to dismiss respondent's petition. Based on the foregoing, appellants' appeal of the denial of their motion to dismiss respondent's petition is dismissed.