GRAPSKI v. CITY OF ALTAMONTE SPRINGS LLC (2024)

District Court of Appeal of Florida, Fifth District.

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.

Case No. 5D2023-2504

Decided: August 23, 2024

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.

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.

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)).

Per Curiam.

Lambert, Kilbane, and MacIver, JJ., concur.

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