OUTAR INVESTMENT COMPANY LLC v. INTERAMERICAN MEDICAL CENTER GROUP LLC (2019)

On June 26, 2019, this Court issued an order directing the parties to show cause as to why this appeal should not be dismissed as premature. Having considered the parties' submissions, we conclude that appellee InterAmerican Medical Center Group, LLC's August 28, 2018 counterclaim against appellant Outar Investment Company, LLC, which remains pending in the lower court, is inextricably intertwined with the summary judgment order appellant challenges in this appeal. See Fla. R. App. P. 9.110(k); Barkdakjy v. Empire Inv. Holdings, LLC, 239 So. 3d 146, 147 (Fla. 3d DCA 2018) (concluding that a final judgment was not appealable under rule 9.110(k), and dismissing the appeal as premature, where the issues and facts related to pending counterclaims were intertwined with the claims and defenses raised in the appeal).

Therefore, we dismiss the instant appeal for lack of jurisdiction without prejudice to the parties' right to appeal after the trial court enters a final judgment on the pending and interrelated counterclaim.

Upon consideration of appellee's motion for attorneys' fees, it is ordered that said motion is conditionally granted and remanded to the trial court, conditioned upon appellee ultimately prevailing in the case. Further, appellee's recovery of fees from appellant for this appeal shall be limited to the fees expended for responding to the Court's show cause order.

Appellant's motion for attorney's fees is hereby denied.

SCALES, LINDSEY and LOBREE, JJ., concur.