Willie J. Preyer, Mildred Preyer v. Emerald Coast Utililties Authority

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

_____________________________

No. 1D17-1949

_____________________________

WILLIE J. PREYER, MILDRED PREYER,

Appellants,

v.

EMERALD COAST UTILITIES AUTHORITY, CAROLYN JOHNSON, and CALLIE ANDERSON,

Appellees.

_____________________________

On appeal from the Circuit Court for Escambia County. William P. White, Jr., and Darlene F. Dickey, Judges.

May 3, 2018

PER CURIAM.

Appellants seek review of an order dismissing their crossclaim with prejudice. The underlying action to apportion funds pursuant to section 73.101, Florida Statutes, remains pending. The Court has therefore determined that the appeal is premature. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (if an order does not finally end the judicial labor required, "piecemeal appeals will not be permitted where claims are interrelated and involve the same transaction and the same parties remain in the suit.") Accordingly, Appellees’ motion to dismiss is granted and the appeal is dismissed as premature.

WOLF, BILBREY, and KELSEY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

Robert Allen, Pensacola, for Appellants.

J. Alistair McKenzie of the McKenzie Law Firm, P.A., Pensacola, for Appellees Carolyn Johnson and Callie Anderson.

No appearance for Emerald Coast Utilities Authority.