KENNETH L. STEIN, ET AL., AS CROWN ASSOCIATES, APPELLANTS,
v.
HOSPITAL CORPORATION OF AMERICA, ETC., ET AL., APPELLEES
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The court held that an appeal from a partial final judgment is improper when the remaining claims involve the same transaction as the judgment.
The court raised the issue of its jurisdiction to hear an appeal from a partial final judgment. The counts covered by the judgment and the remaining c…
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PER CURIAM.
At oral argument we raised the question of our jurisdiction to entertain this appeal which challenges the propriety of a partial final judgment. We requested supplementary briefs and now conclude that the appeal must be dismissed.
Initially, we find that the counts covered by the partial final judgment and the count which remains pending in the trial court “in substance involve the same transaction.” Mendez v. West Flagler Family Association, 303 So. 2d 1, 5 (Fla.1974). “Because ... [the] counts involve the same factual circumstances, review by direct appeal is ... improper under the rationale of the Mendez case.” Venezia A., Inc. v. Askew, 314 So. 2d 254, 257 (Fla. 1st DCA 1975), cert. denied, 333 So. 2d 465 (Fla.1976).
Also, we reject the contention that this appeal is cognizable under rule 9.110(k), Fla.R.App.P. We join our sister court in holding that rule 9.110(k) “does not make all partial judgments immediately appealable nor does it expand in any way the class of orders immediately appealable.” Bay & Gulf Laundry Equipment Co. v. Chateau Tower, Inc., 484 So. 2d 615, — (Fla. 2d DCA 1985). Accordingly, this appeal is
DISMISSED.
LETTS and HURLEY, JJ., and LEVY, DAVID L., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Biasetti v. Palm Beach Blood Bank, Inc., 654 So. 2d 237 (Fla. 4th DCA 1995)…he claims arise out of the same incident, the order dismissing some, but not all, of the counts will not constitute a final appeal, even if the counts involve separate and severable legal theories. See Pellegrino; Stein v. Hospital Corp. of America, 481 So. 2d 1264 (Fla. 4th DCA 1986); Mang v. Country Comfort Inn, Inc., 559 So. 2d 672 (Fla. 3d DCA 1990); Venezia A., Inc. v. Askew, 314 So. 2d 254 (Fla. 1st DCA 1975), cert. denied, 333 So. 2d 465 (Fla.1976). Mendez does not establish a bright line test, but “in…
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Forest Hill Ctr., Inc. v. Designed Structures, Inc., 489 So. 2d 70 (Fla. 4th DCA 1986)…LETTS, Judge. The appellant appeals a partial final judgment. Following our decision in Stein v. Hospital Corporation of America, 481 So. 2d 1264 (Fla. 4th DCA 1986), this appeal is not reviewable since the counts pending in the trial court involve substantively the same transaction. Accordingly, this appeal is DISMISSED. GLICKSTEIN and GUNTHER, JJ., concur.…
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Pellegrino v. Jeffrey Horwitz, M.D., 642 So. 2d 124 (Fla. 4th DCA 1994)…s immediately appealable nor does it expand in any way the class of orders immediately appealable.” Bay & Gulf Laundry Equip. Co. v. Chateau Tower, Inc., 484 So. 2d 615, 616 (Fla. 2d DCA 1985); Palm Beach Newspapers; Stein v. Hosp. Corp. of America, 481 So. 2d 1264 (Fla. 4th DCA 1986). Here, both the contract count and the tort count involve the same transaction and the same set of common facts—the treatment and care of the minor plaintiff and the resulting injuries. The fact that one count sounds in tort and…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mendez v. W. Flagler Fam. Ass'n, Inc., 303 So. 2d 1 (Fla. 1974)
- Venezia A., Inc. v. Reubin O'Donovan Askew, 314 So. 2d 254 (Fla. 1st DCA 1975)
- BAY & Gulf Laundry Equip. Co., Inc. v. Chateau Tower, Inc., 484 So. 2d 615 (Fla. 2d DCA 1985)