COLUMBIA BANK
v.
BARRY D. JOYE, LURONDA S. JOYE, GREATER ETC.
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An order that grants a motion to dismiss without entering judgment and does not dispose of all related pending claims is not a final or presently appealable order.
[1] An order that grants a motion to dismiss without entering judgment is not a final appealable order.
[2] An order disposing of some but not all related claims involving overlapping facts and legal issues is not presently appealable when other counterclaims and cross-claims s…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An order that merely grants a motion to dismiss or a motion for summary judgment, but that does not enter judgment on the motion, or otherwise qualify as a judgment, is not a final appealable order.”
Court's explanation of the first basis for dismissal
Columbia Bank appealed an order granting a motion to dismiss its amended counterclaim. Related counterclaims and cross-claims remained pending in the …
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April 30, 2018 PER CURIAM.
Upon consideration of Appellant’s response to the Court’s order of October 20, 2017, the Court has determined that the order on appeal is not a final order or appealable non-final order. We, therefore, dismiss the appeal.
Appellant seeks review of an order granting a motion to dismiss its amended counterclaim. We dismiss the appeal for two
2
reasons. First, the order grants a motion to dismiss without actually dismissing. An order that merely grants a motion to dismiss or a motion for summary judgment, but that does not enter judgment on the motion, or otherwise qualify as a judgment, is not a final appealable order. See Dedge v. Crosby, 914 So. 2d 1055 (Fla. 1st DCA 2005).
Second, the order is not presently appealable because counterclaims and cross-claims, related to the claims addressed in the order on appeal, remain pending. Jensen v. Whetstine, 985 So. 2d 1218, 1220-1221 (Fla. 1st DCA 2008) (dismissing appeal from order that did not dispose of remaining claims involving related facts); Northcutt v. Pathway Fin., 555 So. 2d 368 (Fla. 3d DCA 1989) (holding interrelatedness depends on “whether there is a factual and legal overlap between the claims”).
The dismissal is without prejudice to seeking review upon rendition of a final order that disposes of all claims, including the pending, related counterclaims and cross-claims.
ROBERTS, KELSEY, and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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- Colon v. Nationwide Life Ins. Co., 985 So. 2d 1218 (Fla. 2d DCA 2008)
- Northcutt v. Pathway Fin., 555 So. 2d 368 (Fla. 3d DCA 1989)
- Dep't OF Child. & Families v. In the Interest of L. R., 914 So. 2d 1055 (Fla. 1st DCA 2005)
- Wilton Dedge v. Crosby, 914 So. 2d 1055 (Fla. 1st DCA 2005)