D.J. LAVEY, ETC., ET AL., APPELLANTS,
v.
DOMINICK J. TATTOLI, ET UX., APPELLEES
D.J. LAVEY, ETC., ET AL., APPELLANTS,
DOMINICK J. TATTOLI, ET UX., APPELLEES
491 So. 2d 1170
Florida District Court of Appeal, Fifth District (1986)
Positive Treatment
Cited by 4 cases
Opinion of the Court
SHARP, Judge.
We dismiss this appeal for lack of jurisdiction. Appellants sought to appeal a partial final summary judgment denying specific performance of an option to purchase real estate located in Osceola County, Florida. Still pending before the court are three remaining counts (breach of contract, misrepresentation and unjust enrichment) which arose out of the same matters and involve the same defendants as the dismissed count. See Mendez v. West Flagler Family Association, Inc., 303 So. 2d 1 (Fla.1974); Duffy v. Realty Growth Investors, 466 So. 2d 257 (Fla. 5th DCA 1985).
APPEAL DISMISSED.
UPCHURCH and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lawrence v. Great OAK, Inc., 497 So. 2d 1310 (Fla. 5th DCA 1986)…ting a motion to dismiss portions of his second amended complaint. The trial court did not dismiss counts for breach of contract or conversion against appellee Great Oak, Inc. or for conversion against William and Marie Henry. In Lavey v. Tattoli, 491 So. 2d 1170 (Fla. 5th DCA 1986), this court dismissed an appeal where three counts were still pending before the trial court. As in Lavey, the counts pending before the trial court in the instant case arose from the same matters and involve the same defendants…
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Jonas v. Landau, 679 So. 2d 20 (Fla. 3d DCA 1996)…Counts II and III remain pending below, it is obvious that the dismissal of Count I is not appealable at this time. Mendez v. West Flagler Family Assoc., 303 So. 2d 1 (Fla.1974); Roper v. Wilcox, 596 So. 2d 532 (Fla. 3d DCA 1992); Lavey v. Tattoli, 491 So. 2d 1170 (Fla. 5th DCA 1986); One Thousand Oaks, Inc. v. Dade Sav. & Loan Ass’n, 417 So. 2d 1135 (Fla. 5th DCA 1982). Appeal dismissed.…
Authorities Cited
- Mendez v. W. Flagler Fam. Ass'n, Inc., 303 So. 2d 1 (Fla. 1974)
- Duffy v. Realty Growth Invs., 466 So. 2d 257 (Fla. 5th DCA 1985)