Brooks v. Taylor County

District Court of Appeal of Florida

Brooks v. Taylor County

208 So. 3d 846, 2017 Fla. App. LEXIS 1006

District Court of Appeal of Florida·Decided January 31, 2017·No. CASE NO. 1D16-5217·Published

Opinion

PER CURIAM.

Appellant seeks review of an order granting, summary judgment as to his counterclaim. The underlying action to foreclose a lien remains pending. The Court has determined that the order on appeal is not “one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims.” Fla. R. App. P. 9.110(k). Therefore, the order does not constitute a partial final [847]*847judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k). Accordingly, the appeal is dismissed as premature.

WETHERELL, MAKAR, and KELSEY, JJ., CONCUR.

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PER CURIAM.

Appellant seeks review of an order granting, summary judgment as to his counterclaim. The underlying action to foreclose a lien remains pending. The Court has determined that the order on appeal is not “one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims.” Fla. R. App. P. 9.110(k). Therefore, the order does not constitute a partial final [847]*847judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k). Accordingly, the appeal is dismissed as premature.

WETHERELL, MAKAR, and KELSEY, JJ., CONCUR.

Brooks v. Taylor County, 208 So. 3d 846, 2017 Fla. App. LEXIS 1006 (Fla. Ct. App. 2017).

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