MARIA C. AMAYA, APPELLANT,
v.
JOSE M. VAZQUEZ, APPELLEE
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The court affirmed the trial court's order granting partial final summary judgment for partition of real property and dismissed the appeal of the counterclaim dismissal as interlocutory.
Appellant Maria C. Amaya appealed an order granting partial final summary judgment for partition of real property in favor of Jose M. Vazquez, dismiss…
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Appellant, Maria C. Amaya, appeals an order which (1) granted partial final summary judgment on a count for partition of real property in favor of Jose M. Vazquez and ordered a partition sale forthwith 1; (2) dismissed Amaya’s counterclaim; and (3) reserved on “accounting issues, attorney’s fees and costs.”
We affirm the trial court’s order as to count one of the amended complaint, which determined that the real property is not divisible and is to be partitioned. We dismiss the appeal to the extent it seeks review of the trial court’s dismissal of Amaya’s counterclaim, as this portion of the order is interlocutory in nature, subject to change or reconsideration by the trial court, and is therefore non-final and non-appealable. S.L.T. Warehouse Co. v. Webb, 304 So.2d 97 (Fla.1974); Geico Gen. Ins. Co. v. Pruitt, 122 So.3d 484 (Fla. 3d DCA 2013); Del Castillo v. Ralor Pharmacy, Inc., 512 So.2d 315 (Fla. 3d DCA 1987).
Affirmed in part, dismissed in part and remanded.
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Alexander v. Wells Fargo Bank, N.A., 233 So. 3d 1268 (Fla. 3d DCA 2017)
Authorities Cited
- S. L. T. Warehouse Co. v. Wilmott Webb, 304 So. 2d 97 (Fla. 1974)
- del Castillo v. Ralor Pharmacy, Inc., 512 So. 2d 315 (Fla. 3d DCA 1987)
- GEICO Gen. Ins. Co. v. Pruitt, 122 So. 3d 484 (Fla. 3d DCA 2013)