JANIE RIFKIN MERMEL, APPELLANT,
v.
JOEL RIFKIN, APPELLEE
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PER CURIAM.
The appeal from a circuit court order granting a motion to dismiss with prejudice as to count I of the defendant Janie Rifkin Mermel’s counterclaim is dismissed because this court has no jurisdiction to review the subject order. Aside from the technical flaw that the order does not, in fact, dismiss count I of the counterclaim, see Gries Inv. Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980), the order under review is clearly not, as urged, a final appealable order even if it did not contain this flaw. This is so because (a) two other counts of the defendant’s counterclaim remain pending in the trial court, (b) the complaint in the main action also remains pending in the trial court, and (c) count I of the counterclaim is not otherwise factually or legally severable from the main complaint [indeed the counterclaim is compulsory in nature] or the other counts of the counterclaim. S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974); Taussig v. Insurance Co. of North America, 301 So. 2d 21 (Fla. 2d DCA 1974); compare Mendez v. West Flagler Family Ass’n, 303 So. 2d 1 (Fla.1974). Moreover, it is undisputed that this nonfinal order is not otherwise appealable as an interlocutory order under Rule 9.130(a), Florida Rules of Appellate Procedure.
This dismissal necessarily renders moot the motion to review the trial court’s order granting a stay pending the instant appeal. The stay is obviously of no force and effect upon the dismissal of the subject appeal.
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. Allen, 621 So. 2d 507 (Fla. 2d DCA 1993)…us, not appealable until a final disposition of the original cause has obtained on the merits. S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974); Taussig v. Insurance Company of North America, 301 So. 2d 21 (Fla. 2d DCA 1974); Mermel v. Rifkin, 603 So. 2d 595 (Fla. 3d DCA 1992); Del Castillo v. Ralor Pharmacy, Inc., 512 So. 2d 315 (Fla. 3d DCA 1987); Sarasota Cloth Fabric & Foam, Inc. v. Benes, 482 So. 2d 574 (Fla. 5th DCA 1986). See also Johnson v. Allen, Knudsen, 566 So. 2d 327 (Fla. 2d DCA 1990) (John…
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Campbell v. Gordon, 674 So. 2d 783 (Fla. 1st DCA 1996)…s, not appeal-able until a final disposition of the original cause has obtained on the merits. S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974); Taussig v. Insurance Company of North America, 301 So. 2d 21 (Fla. 2d DCA 1974); Mermel v. Rifkin, 603 So. 2d 595 (Fla. 3d DCA 1992); Del Castillo v. Ralor Pharmacy, Inc., 512 So. 2d 315 (Fla. 3d DCA 1987); Sarasota Cloth Fabric & Foam, Inc. v. Benes, 482 So. 2d 574 (Fla. 5th DCA 1986). Johnson v. Allen, Knudsen, DeBoest, Edwards & Rhodes, 621 So. 2d 507, 509…
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Madison Morgan Ziegler v. State, 737 So. 2d 1106 (Fla. 1st DCA 1998)…PER CURIAM. The matters raised by this appeal are moot in light of this court’s decision in Ziegler v. State, 708 So. 2d 351 (Fla. 1st DCA 1998). See Mermel v. Rifkin, 603 So. 2d 595, 596 (Fla. 3d DCA 1992). The appeal is dismissed. BARFIELD, C.J., and WOLF and DAVIS, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities 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)
- Gries Inv. Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980)
- Taussig v. Ins. Co. OF N. Am., 301 So. 2d 21 (Fla. 2d DCA 1974)