LUIS VILA AND WILLIAM HANNWEBER, APPELLANTS,
v.
EDWARD O'BRIEN AND BETTY O'BRIEN, ETC., APPELLEES
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COBB, Judge.
This is an appeal from an order dismissing with prejudice one count of a four-count complaint. The count dismissed was for the enforcement of a mechanic’s lien, with the remaining counts alleging actions for breach of contract, open account and unjust enrichment. The basic facts involved, and the end result sought (payment for services rendered) under all these counts are the same.
Piecemeal appeals are not permitted where claims are interrelated, involve the same essential circumstances and the same parties remain in the suit. S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974); Mendez v. West Flagler Family Association, Inc., 303 So. 2d 1 (Fla.1974). See also Jones v. Wright, 391 So. 2d 313 (Fla. 2d DCA 1980). Accordingly, we sua sponte dismiss this appeal, but note that the issue appellants raise is reviewable upon plenary appeal from the final judgment.
DISMISSED.
UPCHURCH, C.J., and ORFINGER, J., concur.
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Citator
Cited By
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Mimms v. Francis P. Cassidy, M.D., 550 So. 2d 162 (Fla. 1st DCA 1989)…involving the same transaction and the same parties is not appeal-able if there is any interrelated claim involving the same transaction and same parties remaining in the suit. Odham v. Mount, 484 So. 2d 95, 96 (Fla. 1st DCA 1986); Vila v. O’Brien, 511 So. 2d 443 (Fla. 5th DCA 1987). Four counts of the fourteen count complaint embodied allegations against West Florida, all arising out of a recovery room incident wherein Mrs. Mimms allegedly suffered brain damage. The counts which were affected by the instant…
Authorities Cited
- S. L. T. Warehouse Co. v. Wilmott Webb, 304 So. 2d 97 (Fla. 1974)
- Mendez v. W. Flagler Fam. Ass'n, Inc., 303 So. 2d 1 (Fla. 1974)
- Jones v. Wright, 391 So. 2d 313 (Fla. 2d DCA 1980)