WD 19790, LLC v. Dan Trust

District Court of Appeal of Florida

WD 19790, LLC v. Dan Trust

255 So. 3d 506

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 2018

DocketNo. 3D18-1664

StatusPublished

This text of 255 So. 3d 506 (WD 19790, LLC v. Dan Trust) 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

WD 19790, LLC v. Dan Trust, 255 So. 3d 506 (Fla. Ct. App. 2018).

Pincite

Opinion

LOGUE, J.

The order dismissing Count VI of Appellant's Second Amended Counterclaim is not an appealable order under Florida Rule of Appellate Procedure 9.110(k) as "a separate and distinct cause of action that is not interdependent with other pleaded claims" because Count VI alleges abuse of process on the basis that the Appellees' Third Amended and Supplemental Complaint "is a sham and seeks de minimis, nominal and/or technical damages, if any, without a reasonable prospect of success." This allegation is intertwined with the litigation still pending in the trial court concerning the legal and factual merits of that Complaint. See, e.g., Bardakjy v. Empire Inv. Holdings, LLC, 239 So.3d 146, 147 (Fla. 3d DCA 2018). Accordingly, Appellees' motion to dismiss is granted.

Appeal dismissed.

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

LOGUE, J.

The order dismissing Count VI of Appellant's Second Amended Counterclaim is not an appealable order under Florida Rule of Appellate Procedure 9.110(k) as "a separate and distinct cause of action that is not interdependent with other pleaded claims" because Count VI alleges abuse of process on the basis that the Appellees' Third Amended and Supplemental Complaint "is a sham and seeks de minimis, nominal and/or technical damages, if any, without a reasonable prospect of success." This allegation is intertwined with the litigation still pending in the trial court concerning the legal and factual merits of that Complaint. See, e.g., Bardakjy v. Empire Inv. Holdings, LLC, 239 So.3d 146, 147 (Fla. 3d DCA 2018). Accordingly, Appellees' motion to dismiss is granted.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

255 So. 3d 506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wd-19790-llc-v-dan-trust-fladistctapp-2018.

Opinion

Related

Cite This Page — Counsel Stack