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WD 19790, LLC, Appellant, v. DAN TRUST, et al., Appellees.

District Court of Appeal of Florida, Third District2018-10-03No. No. 3D18-1664
255 So. 3d 506

Authorities cited

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Opinion

majority opinion

LOGUE, J.

The order dismissing Count VI of Appellants 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.