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COLUMBIA BANK, Appellant, v. Barry D. JOYE; Luronda S. Joye; Greater Southeastern Land Development, LLC; Bruce Naylor; Gary Sorensen ; Southeastern Paving & Construction, LLC ; Tony D. Richards; and Donald K. Joye, Appellees.

District Court of Appeal of Florida, First District2018-04-30No. No. 1D17–4150
241 So. 3d 281

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Opinion

majority opinion

Per Curiam.

Upon consideration of Appellants response to the Courts order of October 20, 2017, the Court has determined that the order on appeal is not a final order or appealable non-final order. We, therefore, dismiss the appeal.

Appellant seeks review of an order granting a motion to dismiss its amended counterclaim. We dismiss the appeal for two reasons. First, the order grants a motion to dismiss without actually dismissing. An order that merely grants a motion to dismiss or a motion for summary judgment, but that does not enter judgment on the motion, or otherwise qualify as a judgment, is not a final appealable order. See Dedge v. Crosby , 914 So.2d 1055 (Fla. 1st DCA 2005).

Second, the order is not presently appealable because counterclaims and cross-claims, related to the claims addressed in the order on appeal, remain pending. Jensen v. Whetstine , 985 So.2d 1218, 1220-1221 (Fla. 1st DCA 2008) (dismissing appeal from order that did not dispose of remaining claims involving related facts); Northcutt v. Pathway Fin. , 555 So.2d 368 (Fla. 3d DCA 1989) (holding interrelatedness depends on whether there is a factual and legal overlap between the claims).

The dismissal is without prejudice to seeking review upon rendition of a final order that disposes of all claims, including the pending, related counterclaims and cross-claims.

Roberts, Kelsey, and M.K. Thomas, JJ., concur.