TRANSPORTATION SERVICES
v.
SEABOARD MARINE
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Transportation Services, Inc. and Carrier Equipment, Inc. appealed an order granting summary judgment in favor of Seaboard Marine Ltd. on appellants' counterclaims. The court reversed the order to remove language declaring finality while the appellee's original claims remained pending adjudication.
The court reversed the order to delete the phrase 'go hence without day' but affirmed the trial court's grant of summary judgment on the counterclaims. The parties may appeal once both the claims and counterclaims have been fully adjudicated.
[1] A judgment dismissing counterclaims while the plaintiff's related claims remain pending cannot include language declaring the judgment final and conclusive.
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Join FLexlaw to unlock all legal intelligenceAppellants filed counterclaims against Seaboard Marine Ltd. arising from the same transactions and occurrences as Seaboard Marine's original claims ag…
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PER CURIAM.
Defendants/counter-plaintiffs/appellants, Transportation Services, Inc., and Carrier Equipment, Inc., have appealed an order in favor of plaintiff/counter- defendant/appellee, Seaboard Marine Ltd., captioned “Final Judgment for Counterdefendant Seaboard Marine.” That order granted Seaboard Marine’s motion for summary judgment on the appellants’ counterclaims, dismissing those counterclaims, and concluding that the appellants “shall take nothing by this suit and [the appellee] shall go hence without day.” The order did not address or dispose of the appellee’s still-pending claims as plaintiff against the appellants;
those claims and the appellants’ counterclaims arose from the same transactions and occurrences.
We issued an order to the parties to show cause why the order on appeal should not be reversed to exclude the purported words of finality, “go hence without day,” without prejudice to the rights of the parties to appeal when both the claims and counterclaims have been fully adjudicated, citing Haven Center, Inc. v. Meruelo, 22 So. 3d 849, 850 (Fla. 3d DCA 2009). No responses were filed.
We reverse the order sought to be appealed, and remand the case for the deletion from the order of the phrase “go hence without day.” The reversal does not disturb the trial court’s decision to grant the appellee’s motion for summary judgment on the counterclaim, and is without prejudice to the rights of the parties to appeal when the claims and counterclaims have been fully adjudicated.
Reversed and remanded for further proceedings.