ROBERT GRANOFF CORPORATION, A TEXAS CORPORATION, APPELLANT/CROSS APPELLEE,
v.
UNITED FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF SARASOTA, FLORIDA, ETC., APPELLEE, AND MCCAUGHAN MORTGAGE COMPANY, INC., A FLORIDA CORPORATION, APPELLEE/CROSS APPELLANT
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ORFINGER, Chief Judge.
Appellee/Cross Appellant moves to dismiss this appeal on the ground that it is taken from a non-appealable, non-final order. The order appealed from finally dismissed three counts of a five-count complaint. The remaining counts refer to another defendant and do not involve McCau-ghan. By dismissing the counts in question here, defendant McCaughan Mortgage Company is dismissed from the action, so as to McCaughan, the order appealed from is final and appealable. See Niesz v.6R.P. Morgan Building Company, Inc., 401 So. 2d 822 (Fla. 5th DCA 1981); Atlantic National Bank of Jacksonville v. Modular Age, Inc., 363 So. 2d 1152 (Fla. 1st DCA 1978). Cf. One Thousand Oaks, Inc., v. Dade Savings & Loan Association, 417 So. 2d 1135 (Fla. 5th DCA 1982).
Motion to dismiss is DENIED.
DAUKSCH and COBB, JJ., concur.
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Pierrot v. Osceola Mental Health, Inc., 106 So. 3d 491 (Fla. 5th DCA 2013)…ERSED and REMANDED. ORFINGER, C.J., and GRIFFIN, J., concur. .Appellate jurisdiction is proper because the court dismissed the only count against defendant Park Place. Robert Granoff Corp. v. United First Fed. Sav. & Loan Assoc. of Sarasota, Fla., 424 So. 2d 199 (Fla. 5th DCA 1983); Clermont Builders Supply, Inc. v. Gen. Constr. & Design, Inc., 423 So. 2d 518 (Fla. 5th DCA 1982). . The Baker Act provides for involuntary commitment of persons based on mental illness. See Ch. 394, Pt. I, Fla. Stat. (2008).…
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Aagaard-Juergensen, Inc. v. Margott Lettelier, 540 So. 2d 224 (Fla. 5th DCA 1989)…W., Jr., Associate Judge, concur. . An order which finally dismisses a claim as to less than all defendants is final and appealable as to the parties discharged. Robert Granoff Corp. v. United First Federal Savings and Loan Ass’n of Sarasota, Fla., 424 So. 2d 199 (Fla. 5th [*225] DCA 1983); Niesz v. R.P. Morgan Building Company, Inc., 401 So. 2d 822 (Fla. 5th DCA 1981). . We do not suggest that this is a necessary conclusion, but only that this is a permissible conclusion which could be drawn from the admit…
Authorities Cited
- Niesz v. R. P. Morgan Bldg., 401 So. 2d 822 (Fla. 5th DCA 1981)
- ONE Thousand Oaks, Inc. v. Dade Sav. & Loan Ass'n, 417 So. 2d 1135 (Fla. 5th DCA 1982)
- Atl. Nat'l Bank OF Jacksonville v. Modular AGE, Inc., 363 So. 2d 1152 (Fla. 1st DCA 1978)