MASSACHUSETTS LIFE INSURANCE COMPANY, AND FLORIDA CONFERENCE CENTER ASSOCIATES, INC., APPELLANTS,
v.
ED CRAPO, ALACHUA COUNTY PROPERTY APPRAISER; VON FRASER, ALACHUA COUNTY TAX COLLECTOR; AND JAMES ZINGALE, AS EXECUTIVE DIRECTOR OF FLORIDA, DEPARTMENT OF REVENUE, APPELLEES
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Florida appellate court dismissed an appeal of a partial dismissal order as premature because the dismissed count was factually and legally interrelated with remaining counts arising from the same property and ad valorem tax dispute.
A partial dismissal of one count in a multicount complaint is not appealable when the dismissed count arises from common facts and overlaps with remaining counts.
[1] A partial dismissal of one count in a multicount complaint is not appealable when the dismissed count arises from a common set of facts or single transaction with remaini…
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Join FLexlaw to unlock all legal intelligence“The test to determine whether counts of a multicount complaint are interrelated, so as to preclude a piecemeal appeal, is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts.”
Establishing the standard for determining when counts are sufficiently interrelated to prevent piecemeal appeals.
Massachusetts Life Insurance Company and Florida Conference Center Associates sought review of an order dismissing Count III of their complaint, which…
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PER CURIAM.
In this appeal, filed by Massachusetts Life Insurance Company and Florida Conference Center Associates, Inc., the appellants seek review of an Order Dismissing Count III of Plaintiffs’ Complaint with Prejudice, entered on October 4, 2005. This is not an appealable partial final judgment under rule 9.110(k), Florida Rules of Appellate Procedure. “The test to determine whether counts of a multicount complaint are interrelated, so as to preclude a piecemeal appeal, is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts.” Lemon v. Groninger, 708 So. 2d 1025, 1027 (Fla. 5th DCA 1998). The “analysis in each case hinges on whether there is a factual and legal overlap between claims.” Northcutt v. Pathway Financial, 555 So. 2d 368, 369 (Fla. 3d DCA 1989). The dismissed Count III of the complaint asserted equitable estoppel to avoid ad valorem taxes on the improvements on certain property. Similarly, Counts I and II raised constitutional challenges to the same ad valorem taxes on the same property. Count IV sought a continuing injunction against the imposition of ad valorem taxes on the same property in the future. Because the remaining claims overlap and are interrelated with the claim disposed of by the order on appeal, this appeal is premature.
DISMISSED.
ERVIN, BENTON and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)…whether counts of a multi-count complaint are interrelated, so as to preclude a piecemeal appeal, is whether the counts arise from a set of common facts or a single transaction ...Harrison, 51 So. 3d at 1219-20 (quoting Mass. Life Ins. Co. v. Crapo, 918 So. 2d 393, 394 (Fla. 1st DCA 2006)). . The Final Judgment incorporated and ratified a settlement agreement in which the owners of Fair Isle agreed to certain restrictive covenants pertaining to the development of Fair Isle (the "Settlement Agreement”). A cop…
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Harrison v. J.P.A. Enters., L.L.C., 51 So. 3d 1217 (Fla. 1st DCA 2011)…so as to preclude a piecemeal appeal, is whether the counts arise from a set of common facts or [*1220] a single transaction, not whether different legal theories or additional facts are involved in separate counts.’ ” Mass. Life Ins. Co. v. Crapo, 918 So. 2d 393, 394 (Fla. 1st DCA 2006) (quoting Lemon v. Groninger, 708 So. 2d 1025, 1027 (Fla. 5th DCA 1998)). Each count stated below arose from a single automobile accident. Dismissed. VAN NORTWICK and ROBERTS, JJ., concur.…
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Marinich v. Special Edition Custom Homes, LLC, 1 So. 3d 1197 (Fla. 2d DCA 2009)…related, so as to preclude a piecemeal appeal, is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts.’ ” Mass. Life Ins. Co. v. Crapo, 918 So. 2d 393, 394 (Fla. 1st DCA 2006) (quoting Lemon v. Groninger, 708 So. 2d 1025, 1027 (Fla. 5th DCA 1998)). Generally, the existence of a compulsory counterclaim will render a judgment on the original complaint nonfinal for appeal purposes. See Madura v. Turo…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Northcutt v. Pathway Fin., 555 So. 2d 368 (Fla. 3d DCA 1989)
- Lemon v. Groninger, 708 So. 2d 1025 (Fla. 5th DCA 1998)