HERBERT PATTERER AND GLORIA PATTERER, APPELLANTS,
v.
BUILDERS SUPPLY HOUSE, INC., A FLORIDA CORPORATION, AND JAMES CLARKE, JR., APPELLEES
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PER CURIAM.
The judgment below dismissing the amended complaint as against the defendant James Clarke, Jr., the “qualifier” who “pulled the permit” for the construction of the plaintiffs’ home, is affirmed on the authority of Casa Clara Condominium Ass’n, Inc. v. Charley Toppino & Sons, Inc., 620 So. 2d 1244 (Fla.1993).
Point II of the appellants’ brief challenges the court’s action in dismissing only one count, which alleged negligence, of the amended complaint as against Builders Supply House, Inc., the actual contractor on the job; several other counts, including breach of contract, seeking the same relief, remain pending. Since this is true, this court has no present jurisdiction to consider the propriety of that ruling. Mendez v. West Flagler Family Ass’n, 303 So. 2d 1 (Fla.1974); Levine v. Forrest, 578 So. 2d 458 (Fla. 3d DCA 1991). Accordingly, point II is stricken without prejudice to review of the issue on appeal from an adverse final judgment for the contractor.
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Woolf v. Woolf, 901 So. 2d 905 (Fla. 4th DCA 2005)…were all undisputed. Based on these circumstances, we conclude that the former husband has met this high burden. We further conclude that the former husband would be entitled to retroactive relief to the date of his petition. See DeSantis v. Smith, 634 So. 2d 796, 797 (Fla. 4th DCA 1994). On remand, the trial court shall use the former husband’s $45,000 gross income figure as reflected in his financial affidavit in determining the amount of his modified child support and alimony obligation (unless there has…
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Thyrre v. Thyrre, 963 So. 2d 859 (Fla. 2d DCA 2007)…” Ray v. Ray, 707 So. 2d [*862] 358, 360 (Fla. 2d DCA 1998). “Retroactivity is the rule rather than the exception which guides the trial court’s application of discretion when modification of alimony or child support is granted.” DeSantis v. Smith, 634 So. 2d 796, 797 (Fla. 4th DCA 1994). Accordingly, there is a presumption of retroactivity which applies unless there is a basis for determining that the award should not be retroactive. “It is an abuse of discretion ... to fail to award support from the date o…
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Lemon v. Groninger, 708 So. 2d 1025 (Fla. 5th DCA 1998)….1974). Only where a separate and distinct cause of action is pleaded which is not interdependent with the other pleaded claims, should it be appeal-able if dismissed with finality at the trial level. Mendez; Patterer v. Builders Supply House, Inc., 634 So. 2d 796 (Fla. 3d DCA 1994); Clermont Builders Supply, Inc. v. General Construction & Design, Inc., 423 So. 2d 518 (Fla. 5th DCA 1982). As noted in Altair Maintenance Services, Inc. v. GBS Excavating, Inc., 655 So. 2d 1281 (Fla. 4th DCA 1995), an appeal is p…
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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)
- CASA Clara Condo. Ass'n, Inc. v. Charley Toppino & Sons, Inc., 620 So. 2d 1244 (Fla. 1993)
- Milford Levine v. Forrest, 578 So. 2d 458 (Fla. 3d DCA 1991)