DEPARTMENT OF CHILDREN AND FAMILIES v. MCCLATCHY COMPANY LLC (2021)

District Court of Appeal of Florida, Third District.

State of Florida, DEPARTMENT OF CHILDREN AND FAMILIES, Appellant(s)/Petitioner(s), v. The MCCLATCHY COMPANY, LLC, etc., et al., Appellee(s)/Respondent(s).

CASE NO.: 3D21-2085

Decided: November 29, 2021

Upon consideration of Appellees’ Motion to Dismiss Appeal for Lack of Jurisdiction, and the Response thereto (filed late without leave or justification), the Court determines that the order on appeal is not a final, appealable order. Appellant's counterclaim is inextricably intertwined with Appellees’ public records claim. The Court therefore lacks jurisdiction to review the challenged order, and hereby dismisses the appeal without prejudice. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974); see also Almacenes El Globo De Quito v. Dalbeta L.C., 181 So. 3d 559, 562 (Fla. 3d DCA 2015) (“If all claims arise from the same set of facts, an order resolving fewer than all of the counts is not appealable under Rule 9.110(k).”).

Appellees’ Motion to Strike Appellant's Response to Motion to Dismiss, or in the Alternative, for an Extension to File Reply is hereby denied as moot.

Appellees’ Motion for Attorney's Fees Incurred on Appeal is conditionally granted, and the matter is remanded to the trial court.

FERNANDEZ, C.J., and LINDSEY and BOKOR, JJ., concur.

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