JOHN A. BODZIAK, ET AL.
v.
DDB REAL ESTATE INVESTMENTS, LLC, ET AL.
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The dismissal of counterclaims against Timothy Daily is affirmed, but the dismissal as to other defendants is not final or appealable because interrelated claims remain pending in the circuit court.
[1] A dismissal order is not final or appealable as to defendants named in interrelated claims that remain pending in the trial court.
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Join FLexlaw to unlock all legal intelligenceAppellants John Bodziak, Fred Bullard, and Ulmerton Enterprises, Inc. appealed the dismissal of their counterclaims against Timothy Daily and other de…
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IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA
April 15, 2020
JOHN A. BODZIAK, FRED B.
BULLARD, JR., and ULMERTON ENTERPRISES, INC.,
Appellants,
v.
DDB REAL ESTATE INVESTMENTS, LLC., a Florida limited liability company; BERMER-BJURQUIST, INC., a Florida corporation; TIMOTHY C. DAILY; CHRISTIAN DAILY; and CRAIG BJURQUIST,
Appellees.
Case No. 2D18-4787
BY ORDER OF THE COURT:
Appellants' motion for clarification is granted. The prior opinion dated February 28, 2020, is withdrawn, and the attached opinion is issued in its place. No further motions for rehearing will be entertained.
I HEREBY CERTIFY THE FOREGOING IS A
TRUE COPY OF THE ORIGINAL COURT ORDER.
MARY ELIZABETH KUENZEL, CLERK
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JOHN A. BODZIAK, FRED B.
BULLARD, JR., and ULMERTON ENTERPRISES, INC.,
Appellants,
v.
DDB REAL ESTATE INVESTMENTS, LLC., a Florida limited liability company; BERMER-BJURQUIST, INC., a Florida corporation; TIMOTHY C. DAILY; CHRISTIAN DAILY; and CRAIG BJURQUIST,
Appellees.
Case No. 2D18-4787
Opinion filed April 15, 2020.