STRADER v. CARPENTERS CREST OWNERS ASSOCIATION (2021)

District Court of Appeal of Florida, Second District.2021-10-13No. No. 2D19-1608

Summary · law.co

Holding. The court dismissed Strader's appeal from the order granting Fitterman's motion to dismiss because the dismissal was not a final appealable order, as count II remained pending. The court affirmed the other orders without further comment.

Daniel Strader appealed from multiple orders, including one granting a motion to dismiss filed by Barry Fitterman. The court determined that Strader's appeal from the dismissal order could not proceed because another count in the case remained pending. Since claims were still active in the litigation, the dismissal order was not final and therefore not yet eligible for appellate review. The court explained that partial dismissals of complaints are generally reviewable only when the dismissed claims are legally and factually distinct from the remaining claims.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Appealability of partial dismissals when remaining counts are pending
Finality requirement for dismissal orders
Legal and factual interrelationship between dismissed and remaining claims

Procedural posture

Strader appealed from an order granting a motion to dismiss and other orders in a case where additional counts remained pending.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Daniel D. Strader appeals from, among other orders, an order granting a motion to dismiss filed by Barry Fitterman. We dismiss Straders appeal from that order based on the reasons set forth below and affirm the other orders without comment.

Straders appeal from the order on Fittermans motion to dismiss is dismissed because count II remains pending. As a result, it is not a final appealable order because judicial labor has not ended. See Harrison v. J.P.A. Enters., L.L.C., 51 So. 3d 1217, 1219 (Fla. 1st DCA 2011) (“A ‘partial dismissal of a complaint is only reviewable when it is established that the dismissed claims are not legally and factually interrelated with the remaining claims.’ ” (quoting Lambou v. Wakulla County, 919 So. 2d 678, 678 (Fla. 1st DCA 2006))); cf. Behavioral Healthcare Options, Inc. v. Charter Behavioral Health Sys. of Tampa Bay, Inc., 727 So. 2d 1135, 1136 (Fla. 2d DCA 1999) (“The trial courts order, as it relates to the dismissal of the claims brought by Kevin Butler, P.A., against appellees, however, is a final appealable order, because there are no remaining counts in which Dr. Butler is a party.”).

Affirmed in part; dismissed in part.

PER CURIAM.

CASANUEVA, SLEET, and ATKINSON, JJ., Concur.