C. LORRAINE COLLINS, HELEN BLACKWELL AND JAMES C. WINDHAM, APPELLANTS,
v.
THOMAS E. HUNT, INDIVIDUALLY AND D/B/A THOMAS E. HUNT, P. A., AND THOMAS E. HUNT, P. A., APPELLEES

Fla. 4th DCA | 1981-09-09
No. 80-229
DOWNEY and HURLEY, JJ., and UP-CHURCH, JOHN J., Associate Judge, concur.
404 So. 2d 375 Florida District Court of Appeal, Fourth District (1981) Positive Treatment
Cited by 4 cases
Topics
Independent Cause Of Action Fraud And Deceit Piecemeal Appeals Deceit

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a summary judgment removing one count of appellants’ three count complaint against the appel-lees/defendants below.

The question presented is whether the dismissed count for fraud and deceit represents a claim distinct and independent of the remaining counts. Piecemeal appeals should not be permitted where claims are legally interrelated and in substance involve the same transaction. Mendez v. West Flagler Family Association, Inc., 303 So. 2d 1 (Fla.1974).

In the instant case, the legal and factual issues that are pertinent to the dismissed count, as well as the remaining two counts, are so interrelated and intertwined that they are virtually indistinguishable. These claims clearly meet the Mendez criteria and thus a dismissal of one count is not a final judgment dispositive of an independent cause of action.

Accordingly, the appeal is dismissed. DOWNEY and HURLEY, JJ., and UP-CHURCH, JOHN J., Associate Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Miami-Dade Water & Sewer Auth. v. Metro. Dade Cnty. & City of Miami, 469 So. 2d 813 (Fla. 3d DCA 1985)
    …2d DCA 1982). Generally, piecemeal appeals will not be permitted where claims are legally interrelated, involve, in substance, the same transaction, and where the same parties remain in the lawsuit. S.L.T. Warehouse Co.; SCI, Inc.; Collins v. Hunt, 404 So. 2d 375 (Fla. 4th DCA 1981). Cf. Fla.R. App. P. 9.110(k) (partial final judgment ap-pealable where it disposes of entire case as to any party). An exception to this general rule appears in Mendez v. West Flagler Family Association, 303 So. 2d 1, 5 (Fla.1974…
  • Singer v. Fla. Paving Co., 469 So. 2d 188 (Fla. 3d DCA 1985)
    …[*189] 1982). Generally, piecemeal appeals will not be permitted where claims are legally interrelated, involve, in substance, the same transaction, and where the same parties remain in the lawsuit. S.L.T. Warehouse Co.; SCI, Inc.; Collins v. Hunt, 404 So. 2d 375 (Fla. 4th DCA 1981). Singer’s claim against Florida Paving and Florida Paving’s claim against Singer are based on “intertwining and interrelated factual and legal issues.” Miami-Dade Water & Sewer Authority at 814. The pendency of the remaining cla…

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