Capital Truck, Inc. v. International Truck & Engine Corp.

District Court of Appeal of Florida

Capital Truck, Inc. v. International Truck & Engine Corp.

836 So. 2d 1091, 2003 Fla. App. LEXIS 1234, 2003 WL 253031

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 2003

DocketNo. 1D02-4127

StatusPublished

This text of 836 So. 2d 1091 (Capital Truck, Inc. v. International Truck & Engine Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Capital Truck, Inc. v. International Truck & Engine Corp., 836 So. 2d 1091, 2003 Fla. App. LEXIS 1234, 2003 WL 253031 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Having considered the appellants’ response to this Court’s order, dated November 13, 2002, we dismiss for lack of jurisdiction. The order on appeal, Order Granting Plaintiffs Motion to Dismiss Count II of Defendant Capital Truck, Inc.’s Counterclaim, rendered on September 10, 2002, is a compulsory counterclaim where it, and all the pending claims, all revolve around factual determinations as to whether a franchise interest could be transferred. Therefore, the dismissal of this compulsory counterclaim is neither a final appealable order nor an appealable partial final judgment. See Campbell v. Gordon, 674 So.2d 783, 785 (Fla. 1st DCA 1996); Fla. R.App. P. 9.110(k), (m) (2002).

DISMISSED.

ALLEN, C.J., WEBSTER and BENTON, JJ., concur.

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PER CURIAM.

Having considered the appellants’ response to this Court’s order, dated November 13, 2002, we dismiss for lack of jurisdiction. The order on appeal, Order Granting Plaintiffs Motion to Dismiss Count II of Defendant Capital Truck, Inc.’s Counterclaim, rendered on September 10, 2002, is a compulsory counterclaim where it, and all the pending claims, all revolve around factual determinations as to whether a franchise interest could be transferred. Therefore, the dismissal of this compulsory counterclaim is neither a final appealable order nor an appealable partial final judgment. See Campbell v. Gordon, 674 So.2d 783, 785 (Fla. 1st DCA 1996); Fla. R.App. P. 9.110(k), (m) (2002).

DISMISSED.

ALLEN, C.J., WEBSTER and BENTON, JJ., concur.

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836 So. 2d 1091, 2003 Fla. App. LEXIS 1234, 2003 WL 253031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capital-truck-inc-v-international-truck-engine-corp-fladistctapp-2003.

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