MANTABS LLC v. HAPPY FIDDLER ASSOCIATION INC (2019)

This appeal is dismissed as from a nonappealable nonfinal order. The appeal is premature because interrelated counterclaims remain pending in the trial court. See Universal Underwriters Ins. Co. v. Stathopoulos, 113 So. 3d 957, 959 (Fla. 2d DCA 2013) (“Because the amended complaint reflects that the three counts are based on the same facts and are intertwined, we conclude that allowing an appeal of the declaratory count at this stage would foster impermissible piecemeal review.”); Workmen's Auto Ins. Co. v. Franz. 24 So. 3d 638, 640 (Fla. 2d DCA 2009) (holding that because an interrelated claim was pending in the trial court, the order could not be reviewed as a partial final judgment); Morgan v. Blancher, 489 So. 2d 1217, 1218 (Fla. 2d DCA 1986) (holding that an order dismissing one count of a complaint with prejudice is not a final appealable order if other legally interrelated counts remain pending).

BY ORDER OF THE COURT:

CASANUEVA, KELLY, and LUCAS, JJ., Concur.