SCI, INC., APPELLANT,
v.
ANECO COMPANY, APPELLEE

Fla. 2d DCA | 1982-01-27
Nos. 81-1227, 81-1335
SCHEB, C. J., and DANAHY, J., concur., SCHEB, A. C. J., and RYDER and DAN-AHY, JJ., concur.
410 So. 2d 531 Florida District Court of Appeal, Second District (1982) Negative Treatment
Cited by 20 cases

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Synopsis

SCI appeals a trial court's partial summary judgment awarding retained funds to its electrical subcontractor ANECO. The appellate court denies the appeal as premature, holding that the partial judgment is not final and appealable where interrelated claims involving the same parties and transaction remain pending.


Holding

A partial summary judgment on one count of a multicount complaint is not a final and appealable order when the counts are interrelated, involve the same factual situation, and the same parties remain in the lawsuit. SCI's direct appeal is therefore premature and improper.


Headnotes

[1] An order dismissing a counterpetition is generally not appealable when the underlying claim remains pending in the trial court and the counterpetition is interrelated wit…

[2] Piecemeal appeals are not permitted when claims are interrelated and involve the same transaction, and the same parties remain in the suit.

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Key Quotes

“It is well settled in Florida that piecemeal appeals will not be permitted where claims are interrelated, involve the same transaction, and the same parties remain in the lawsuit.”

Establishes the foundational rule preventing interlocutory appeals of partial judgments

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Facts & Procedural History

SCI was the general contractor and ANECO was the electrical subcontractor for construction of a University of South Florida building. The Florida Depa…

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Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Appellant (SCI) seeks review of the trial court’s order granting partial summary judgment to Aneco Company (ANECO). Because the request is untimely, we will not consider the issues raised either by certiorari or as a direct appeal.

The Florida Department of General Services (DGS) initially sued ANECO, SCI and others, asserting claims for breach of a construction contract and for defective products. SCI was the general contractor and ANECO the electrical subcontractor for construction of the business administration building of the University of South Florida. ANECO’s separate suit against SCI was consolidated with the DGS action, in which ANECO cross-claimed against materialmen. In ANECO’s amended complaint two counts were directed against SCI. The first count contained a demand for funds retained under its subcontract with SCI; the second count was for delay and disruption damages allegedly caused by SCI under the same subcontract. The court below entered a partial summary judgment awarding the retained funds sought in the first count to ANECO.

SCI now asks this court to specify the proper method of appellate review and to quash the partial summary judgment below. Its contention is that the trial court’s award prejudicially affected it by liquidating the disputed funds without fully determining the possibility of remaining damages or set-off. Appellant suggests that the partial summary judgment on one count is in form and effect a final judgment which cannot be appealed after the complete dispute between the parties is resolved. We disagree.

SCI is premature in challenging this partial summary judgment by direct appeal. It is well settled in Florida that piecemeal appeals will not be permitted where claims are interrelated, involve the same transaction, and the same parties remain in the lawsuit. S. L. T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974). Under most circumstances, a dismissal of one or more, but not all counts, of a multicount complaint is not a final judgment or order from which a full appeal can be taken. Venezia A., Inc. v. Askew, 314 So. 2d 254 (Fla. 1st DCA 1975), cert. denied, 333 So. 2d 465 (Fla.1976). The test to be used by appellate courts in determining finality of an order, judgment or decree is whether there has been an end to the judicial labor below and nothing further remains to be done to terminate the dispute between the parties directly affected. S. L. T. Warehouse Co. v. Webb, supra.

In McClain Construction Corp. v. Roberts, 351 So. 2d 399 (Fla.2d DCA 1977), a very similar factual situation was involved; both counts of the complaint sought compensation in regard to work performed on the same building project. We found that because both counts involved the same factual situation and were clearly interrelated, the trial court’s summary judgment was not a final and appealable order. In the instant case, there is only one factual situation involved, the trial court has not fully determined the disputed issue between these parties and appellate review is improper. The appeal and petition for a writ of certiorari are DENIED.

SCHEB, C. J., and DANAHY, J., concur.

Other
PER CURIAM.

PER CURIAM.

Appellant has drawn this court’s attention to the effect of the particular form of the partial summary judgment entered herein. It appears the effect of same allows execution upon appellant’s property before final judgment. Therefore, execution pursuant to the final summary judgment is hereby stayed until all claims pleaded in the action between the parties have been brought to final judgment.

SCHEB, A. C. J., and RYDER and DAN-AHY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • …pealed constitutes an end to the judicial labor in the trial court, and nothing further remains to be done to terminate the dispute between the parties directly affected. S.L.T Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974); SCI, Inc. v. Aneco Co., 410 So. 2d 531 (Fla. 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.…
  • Odham v. David Mouat, M.D., 484 So. 2d 95 (Fla. 1st DCA 1986)
    …ving the same transaction and the same parties is not appealable if there is any interrelated claim involving the same transaction and same parties remaining in the suit. S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974); SCI Inc. v. Aneco Co., 410 So. 2d 531 (Fla. 2d DCA 1982); Venezia A., Inc. v. Askew, 314 So. 2d 254 (Fla. 1st DCA 1975), cert. denied, 333 So. 2d 465 (Fla.1976). We dismiss this appeal and remand for proceedings consistent herewith. ZEHMER and BARFIELD, JJ., concur.…
  • Thomas v. The Hosp. Bd. OF Directors OF LEE Cnty., 41 So. 3d 246 (Fla. 2d DCA 2010)
    …tion for leave to amend to add a § 1983 claim. II. Appealability of the Order at Issue Ordinarily, this court does not permit piecemeal appeals, such as where one, but not all, counts of a complaint have been dismissed. See SCI, Inc. v. Aneco Co., 410 So. 2d 531, 532 (Fla. 2d DCA 1982). [*252] However, that rule is generally applied where the claims are interrelated, involve the same transaction, and the same parties remain in the lawsuit. See id. In this case, although some of the same parties remain in th…

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