BODZIAK v. DDB REAL ESTATE INVESTMENTS LLC (2020)

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

Decided: April 15, 2020

Donald J. Schutz, St. Petersburg, for Appellants. Charles A. Samarkos and Sharon E. Krick of Johnson, Pope, Bokor, Ruppel & Burns, LLP, Clearwater, for Appellee Timothy C. Daily. No appearance for remaining Appellees.

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 The prior opinion dated February 28, 2020, is withdrawn, and the attached opinion is issued in its place.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.

Appellants John Bodziak, Fred Bullard, and Ulmerton Enterprises, Inc., appeal the dismissal of their counterclaims against appellee Timothy Daily. We affirm the dismissal of the claims against Daily. Although the other appellees were also named in the dismissed counts, the dismissal order is not final or appealable as to them because they are named in interrelated claims that remain pending in the circuit court. We express no view regarding the correctness of the dismissal as to those parties, and our disposition today has no bearing on the viability of any claims that remain pending.

Affirmed.

BY ORDER OF THE COURT:

NORTHCUTT, CASANUEVA, and BADALAMENTI, JJ., Concur.

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