WAGNER v. STICKY HOLSTERS INC LLC (2020)

District Court of Appeal of Florida, Second District.

Albert J. WAGNER, Appellant, v. STICKY HOLSTERS, INC., a Florida Corporation; Bonch Enterprises, LLC; a Florida Limited Liability Company; Michael J. Christoff; an individual; and Kevin L. Dees, Esq., an individual, Appellees.

Case No. 2D19-1260

Decided: February 28, 2020

Joseph A. Davidow and Yasser Lahlifi of Willis & Davidow, L.L.C., Naples, for Appellant. Daniel P. Fraser of Holmes Fraser, P.A., Naples, for Appellees.

Albert J. Wagner appeals an order dismissing with prejudice count II of his complaint against Sticky Holsters, Inc., Bonch Enterprises, LLC, Michael J. Christoff, and Kevin L. Dees. The order of dismissal as it relates to Sticky Holsters, Bonch Enterprises, and Michael J. Christoff is a nonfinal, nonappealable order because the claims in count II are interrelated with the claims set forth in count I of the complaint which was not dismissed. Accordingly, as to these appellees, we dismiss this appeal for lack of jurisdiction. See Kidwell v. Gen. Motors Corp., 975 So. 2d 503, 504 (Fla. 2d DCA 2007) (dismissing an appeal of “a nonfinal, nonappealable order because the dismissed claims are interrelated with additional claims that remain pending”).

The trial court's order as it relates to Kevin L. Dees, however, is a final appealable order because there are no remaining counts in which Mr. Dees is a party. See Fla. R. App. P. 9.110(k). We affirm the dismissal with prejudice of count II against Mr. Dees.

Affirmed in part; dismissed in part.

PER CURIAM.

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

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