RSH CONSTRUCTORS, INC., APPELLANT,
v.
ROSE CREEK ASSOCIATES, LTD., AND ELLIS E. NEDER, JR., APPELLEES
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The dissenting opinion argues that the trial court did not abuse its discretion in ruling that a venue provision from a separate contract between two parties was not binding on a dispute arising under a different contract between them.
The dissenting judge would hold that the trial court did not abuse its discretion because the Druhill/RSH contract did not clearly incorporate the venue provision from the Reflectone contract by reference.
Druhill Construction and RSH Constructors had separate contracts. Druhill sought to enforce a venue provision from its contract with Reflectone agains…
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PER CURIAM.
This cause is before us on appeal from a partial final judgment entered as to Count I of appellant’s multi-count complaint in a construction contract dispute. After oral arguments and on consideration of the briefs and record on appeal, we find that the order sought to be reviewed is neither a final appealable order nor a nonfinal order that is appealable under Rule 9.130, Florida Rules of Appellate Procedure. The counts remaining to be tried below involve the same parties and are interdependent with the count disposed of by summary judgment. Kirkland v. State, Department of Health and Rehabilitative Services, 489 So. 2d 800 (Fla. 1st DCA 1986); Jones v. Wright, 391 So. 2d 313 (Fla. 2d DCA 1980). Accordingly, the appeal is dismissed.
ERVIN, BOOTH and WENTWORTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Kirkland v. State, 489 So. 2d 800 (Fla. 1st DCA 1986)
- Jones v. Wright, 391 So. 2d 313 (Fla. 2d DCA 1980)