Herron v. Dastic

District Court of Appeal of Florida

Herron v. Dastic

718 So. 2d 257, 1998 Fla. App. LEXIS 11005, 1998 WL 543266

CourtDistrict Court of Appeal of Florida

DecidedAugust 28, 1998

DocketNo. 97-2769

StatusPublished

This text of 718 So. 2d 257 (Herron v. Dastic) 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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Herron v. Dastic, 718 So. 2d 257, 1998 Fla. App. LEXIS 11005, 1998 WL 543266 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We initially accepted jurisdiction of the appeal from the partial summary judgment dismissing appellant’s counterclaim in this quiet title action, but on further consideration we conclude that the appeal is premature. Here, each party attempts to quiet title to the same parcel of property. Appellants’ affirmative defenses to appellees’ complaint are the same as the allegations of the counterclaim and the cloud on title alleged in the complaint is based on the very actions supporting the counterclaim. Thus, the complaint and counterclaim are clearly interrelated. Piecemeal appeals will not be permitted where the claims are interrelated and involve the same transaction and the same parties remain in the suit. S.L.T. Warehouse Company v. Webb, 304 So.2d 97 (Fla.1974); Duffy v. Realty Growth Investors, 466 So.2d 257 (Fla. 5th DCA 1985).

APPEAL DISMISSED.

GRIFFIN, C.J., ANTOON, J., and ORFINGER, M., Senior Judge, concur.

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PER CURIAM.

We initially accepted jurisdiction of the appeal from the partial summary judgment dismissing appellant’s counterclaim in this quiet title action, but on further consideration we conclude that the appeal is premature. Here, each party attempts to quiet title to the same parcel of property. Appellants’ affirmative defenses to appellees’ complaint are the same as the allegations of the counterclaim and the cloud on title alleged in the complaint is based on the very actions supporting the counterclaim. Thus, the complaint and counterclaim are clearly interrelated. Piecemeal appeals will not be permitted where the claims are interrelated and involve the same transaction and the same parties remain in the suit. S.L.T. Warehouse Company v. Webb, 304 So.2d 97 (Fla.1974); Duffy v. Realty Growth Investors, 466 So.2d 257 (Fla. 5th DCA 1985).

APPEAL DISMISSED.

GRIFFIN, C.J., ANTOON, J., and ORFINGER, M., Senior Judge, concur.

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718 So. 2d 257, 1998 Fla. App. LEXIS 11005, 1998 WL 543266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herron-v-dastic-fladistctapp-1998.

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