CHARLES J. GRAPSKI
v.
CITY OF ALTAMONTE SPRINGS, FLORIDA, ENCOMPASS HEALTH REHABILITATION HOSPITAL OF ALTAMONTE SPRINGS, FLORIDA, LLC, JILL JORDAN, JEFFREY GARNER, AND CHARLES E. GRAPSKI,

Fla. 5th DCA | 2024-08-23
No. 2023-2504
Recksiedler, J., Lambert, J., Kilbane, J., MacIver, J.
2024 FL 10406 Florida District Court of Appeal, Fifth District (2024)

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Holding

The dismissal of all remaining claims against the City of Altamonte Springs is affirmed, and the appeal of the partial dismissal order regarding Jeffrey Garner is dismissed as premature because the issue overlaps with other pending claims.


Headnotes

[1] An appeal of a partial dismissal order is premature and subject to dismissal when the issue raised on appeal overlaps and is interrelated with other pending claims in the…

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Facts & Procedural History

Charles J. Grapski appealed two dismissal orders from the Circuit Court for Seminole County: one from July 12, 2023, dismissing all remaining claims a…

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________ Case No. 5D2023-2504 LT Case No. 2019-CA-002279 _____________________________ CHARLES J. GRAPSKI, Appellant, v. CITY OF ALTAMONTE SPRINGS,

FLORIDA, ENCOMPASS HEALTH

REHABILITATION HOSPITAL of ALTAMONTE SPRINGS, FLORIDA,

LLC, JILL JORDAN, JEFFREY

GARNER, and CHARLES E. GRAPSKI, Appellees. _____________________________ On appeal from the Circuit Court for Seminole County. Jessica J. Recksiedler, Judge. Randy B. Lanigan, of Lanigan & Lanigan, PL, Winter Park, for Appellant. Patricia M. Rego Chapman, of Dean, Ringers, Morgan & Lawton, P.A., Orlando, for Appellees, City of Altamonte Springs and Jeffrey Garner. No Appearance for Remaining Appellees. August 23, 2024

2

PER CURIAM.

Charles J. Grapski appeals two orders of dismissal. The order rendered July 12, 2023, dismissed all remaining claims against the City of Altamonte Springs. We have jurisdiction, see Fla. R. App. P. 9.110(k), and affirm.

The order rendered June 26, 2023, granted in part and denied in part Jeffery Garner’s motion to dismiss. Because the issue raised on appeal overlaps and is interrelated with other pending claims, we dismiss the appeal of order rendered June 26, 2023, as premature. See Pohlman v. Aqua Condo. Devs., Ltd., 992 So. 2d 288, 289 (Fla. 1st DCA 2008).1 AFFIRMED in part; DISMISSED in part.

LAMBERT, KILBANE, and MACIVER, JJ., concur.

Footnotes
1 Although jurisdiction was not raised by either party, “we have an independent duty to determine whether we have appellate jurisdiction.” Coast to Coast Process Piping, LLC v. Liquid Consulting, Inc., 357 So. 3d 1238, 1239 n.1 (Fla. 5th DCA 2022) (quoting Almacenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559, 561 (Fla. 3d DCA 2015)).
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