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 Count II remained pending and the dismissal order was therefore not a final appealable order; the court affirmed the remaining orders.

Daniel Strader appealed from multiple orders, including one dismissing claims brought by Barry Fitterman. The court found that Strader's appeal of the dismissal order could not be reviewed because Count II of the complaint remained active in the case. Under appellate rules, a partial dismissal is only reviewable when the dismissed claims are legally and factually separate from claims still pending. Since Strader's remaining claim was interrelated with the dismissed count, the dismissal order was not yet final and appealable.

The court dismissed Strader's appeal as to the Fitterman dismissal order because judicial proceedings had not concluded. The court affirmed the other orders Strader challenged without providing detailed reasoning.

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

Key issues

Whether a partial dismissal order is appealable when related claims remain pending
Whether dismissed claims are legally and factually interrelated with remaining claims
Finality requirement for appealable orders in civil litigation

Procedural posture

Strader appealed from an order granting a motion to dismiss and other orders entered against him in the trial court.

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.