NEXT FILTRATION TECHNOLOGIES, INC., ETC., APPELLANT,
v.
MELSTREAM INDUSTRIES, INC., ET AL., APPELLEES

Fla. 3d DCA | 2010-11-17
No. 3D09-2930
Before GERSTEN, SHEPHERD, and LAGOA, JJ.
47 So. 3d 962 Florida District Court of Appeal, Third District (2010)

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Holding

The court affirmed the summary judgment for Perez, finding Next Filtration's claims barred by the economic loss rule, and dismissed the appeal from the partial summary judgment for Melstream due to pending related claims.


Facts & Procedural History

Next Filtration appealed summary judgments entered in favor of Perez and Melstream. Several claims against Melstream and Melstream's counterclaim rema…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Next Filtration Technologies, Inc. (“Next Filtration”) appeals from summary judgments entered in favor of Luis M. Perez (“Perez”) and Melstream Industries, Inc. (“Melstream”). We affirm the Perez judgment, and dismiss the appeal from the Melstream judgment.

First, we find that Next Filtration’s claims against Perez are barred by the economic loss rule. See Hotels of Key Largo, Inc. v. RHI Hotels, Inc., 694 So.2d 74 (Fla. 3d DCA 1997). Thus, the trial court properly entered summary judgment in favor of Perez.

Next, the record reveals that several claims against Melstream, as well as Mel-stream’s counterclaim against Next Filtration, remain pending below. These claims are interrelated with the claims resolved by the partial summary judgment. Therefore, this Court lacks jurisdiction to review the partial summary judgment in favor of Melstream. See S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla.1974).

Accordingly, we affirm the judgment entered in favor of Perez, and dismiss, with*963out prejudice, the appeal from the partial summary judgment granted to Melstream.

Affirmed in part, and dismissed in part.


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