CARLTON BAY CONDOMINIUM ASSOCIATION INC v. DOCKAGE AT MAULE LAKE LLC (2021)

District Court of Appeal of Florida, Third District.

CARLTON BAY CONDOMINIUM ASSOCIATION, INC., Appellant(s)/Petitioner(s), v. DOCKAGE AT MAULE LAKE LLC, Appellee(s)/Respondent(s).

CASE NO.: 3D21-2175

Decided: November 29, 2021

Upon consideration of Appellee's Motion to Dismiss, and the Response thereto, the Court determines that the order on appeal is not a final, appealable order. Appellant's counterclaim is inextricably intertwined with Appellee's 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).”).

LINDSEY, GORDO and BOKOR, JJ., concur.

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