Vila v. O'Brien

District Court of Appeal of Florida

Vila v. O'Brien

511 So. 2d 443, 12 Fla. L. Weekly 2033, 1987 Fla. App. LEXIS 10006

CourtDistrict Court of Appeal of Florida

DecidedAugust 20, 1987

DocketNo. 87-510

StatusPublished

Cited by1 cases

This text of 511 So. 2d 443 (Vila v. O'Brien) 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.

Bluebook

Vila v. O'Brien, 511 So. 2d 443, 12 Fla. L. Weekly 2033, 1987 Fla. App. LEXIS 10006 (Fla. Ct. App. 1987).

Pincite

Opinion

COBB, Judge.

This is an appeal from an order dismissing with prejudice one count of a four-count complaint. The count dismissed was for the enforcement of a mechanic’s lien, with the remaining counts alleging actions for breach of contract, open account and unjust enrichment. The basic facts involved, and the end result sought (payment for services rendered) under all these counts are the same.

Piecemeal appeals are not permitted where claims are interrelated, involve the same essential circumstances and the same parties remain in the suit. S.L.T. Warehouse Co. v. Webb, 304 So.2d 97 (Fla.1974); Mendez v. West Flagler Family Association, Inc., 303 So.2d 1 (Fla.1974). See also Jones v. Wright, 391 So.2d 313 (Fla. 2d DCA 1980). Accordingly, we sua sponte dismiss this appeal, but note that the issue appellants raise is reviewable upon plenary appeal from the final judgment.

DISMISSED.

UPCHURCH, C.J., and ORFINGER, J., concur.

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