Lavey v. Tattoli

District Court of Appeal of Florida

Lavey v. Tattoli

491 So. 2d 1170, 11 Fla. L. Weekly 1431, 1986 Fla. App. LEXIS 8508

District Court of Appeal of Florida·Decided June 26, 1986·No. No. 85-1081·Published·Cited by 2 cases

Opinion

SHARP, Judge.

We dismiss this appeal for lack of jurisdiction. Appellants sought to appeal a partial final summary judgment denying specific performance of an option to purchase real estate located in Osceola County, Florida. Still pending before the court are three remaining counts (breach of contract, misrepresentation and unjust enrichment) which arose out of the same matters and involve the same defendants as the dismissed count. See Mendez v. West Flagler Family Association, Inc., 303 So.2d 1 (Fla.1974); Duffy v. Realty Growth Investors, 466 So.2d 257 (Fla. 5th DCA 1985).

APPEAL DISMISSED.

UPCHURCH and COWART, JJ., concur.

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SHARP, Judge.

We dismiss this appeal for lack of jurisdiction. Appellants sought to appeal a partial final summary judgment denying specific performance of an option to purchase real estate located in Osceola County, Florida. Still pending before the court are three remaining counts (breach of contract, misrepresentation and unjust enrichment) which arose out of the same matters and involve the same defendants as the dismissed count. See Mendez v. West Flagler Family Association, Inc., 303 So.2d 1 (Fla.1974); Duffy v. Realty Growth Investors, 466 So.2d 257 (Fla. 5th DCA 1985).

APPEAL DISMISSED.

UPCHURCH and COWART, JJ., concur.

Lavey v. Tattoli, 491 So. 2d 1170, 11 Fla. L. Weekly 1431, 1986 Fla. App. LEXIS 8508 (Fla. Ct. App. 1986).

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