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

District Court of Appeal of Florida·Decided February 6, 2003·No. No. 1D02-4127·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

836 So. 2d 1091 (Capital Truck, Inc. v. International Truck & Engine Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related