VICTOR LAMBOU, ROBERT ALESSI AND EARL ENGE, PETITIONERS,
v.
WAKULLA COUNTY, FLORIDA, AND FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RESPONDENTS; VICTOR LAMBOU, ROBERT ALESSI AND EARL ENGE, PETITIONERS, V. WAKULLA COUNTY, FLORIDA, AND FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RESPONDENTS
VICTOR LAMBOU, ROBERT ALESSI AND EARL ENGE, PETITIONERS,
WAKULLA COUNTY, FLORIDA, AND FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RESPONDENTS; VICTOR LAMBOU, ROBERT ALESSI AND EARL ENGE, PETITIONERS, V. WAKULLA COUNTY, FLORIDA, AND FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RESPONDENTS
919 So. 2d 678
Florida District Court of Appeal, First District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In these consolidated appeals, Petitioners challenge the Department of Community Affairs’ orders dismissing portions of their petitions for administrative hearings. A partial dismissal of a complaint is only reviewable when it is established that the dismissed claims are not legally and factually interrelated with the remaining claims. Mendez v. West Flagler Family Ass’n, 303 So. 2d 1, 5 (Fla.1974); Swan v. St. Thomas Univ., 592 So. 2d 351, 352 (Fla. 3d DCA 1992); Taddie Underground Util. Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701, 702 (Fla. 2d DCA 1986). We find that Petitioners do not meet this burden. We therefore deny the petition.
DENIED.
KAHN, C.J., and HAWKES and THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)…1219 (Fla. 1st DCA 2011) (explaining that a “partial dismissal of a complaint is only reviewable when it is established that the dismissed claims are not legally and factually interrelated with the remaining claims” (quoting Lambou v. Wakulla Cnty., 919 So. 2d 678, 678-79 (Fla. 1st DCA 2006)), and authorities cited therein). "The test to determine 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…
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Harrison v. J.P.A. Enters., L.L.C., 51 So. 3d 1217 (Fla. 1st DCA 2011)…. West Flagler Family Ass’n, 303 So. 2d 1, 5 (Fla.1974); Swan v. St. Thomas Univ., 592 So. 2d 351, 352 (Fla. 3d DCA 1992); Taddie Underground Util. Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701, 702 (Fla. 2d DCA 1986).” Lambou v. Wakulla County, 919 So. 2d 678, 678-79 (Fla. 1st DCA 2006). If an order does not finally end the judicial labor in a case, “[p]ieeemeal appeals will not be permitted where claims are interrelated and involve the same transaction and the same parties remain in the suit.” Webb, 304…
Authorities Cited
- Mendez v. W. Flagler Fam. Ass'n, Inc., 303 So. 2d 1 (Fla. 1974)
- Crawford v. State, 497 So. 2d 701 (Fla. 2d DCA 1986)
- Swan v. ST. Thomas Univ., 592 So. 2d 351 (Fla. 3d DCA 1992)