COLUMBIA BANK v. BARRY JOYE LURONDA JOYE GREATER SOUTHEASTERN LAND DEVELOPMENT LLC BRUCE NAYLOR GARY SORENSEN SOUTHEASTERN PAVING CONSTRUCTION LLC TONY RICHARDS DONALD JOYE

Reset A A Font size: Print

District Court of Appeal of Florida, First District.

COLUMBIA BANK, Appellant, v. BARRY D. JOYE; LURONDA S. JOYE; GREATER SOUTHEASTERN LAND DEVELOPMENT, LLC; BRUCE NAYLOR; GARY SORENSEN; SOUTHEASTERN PAVING & CONSTRUCTION, LLC; TONY D. RICHARDS; and DONALD K. JOYE, Appellees.

No. 1D17-4150

Decided: April 30, 2018

Nicholas V. Pulignano, Jr. and Meagan L. Logan, of Marks Gray, P.A., Jacksonville, for Appellant. Adam L. Morrison of Sellers, Taylor & Morrison, P.A., Live Oak, for Appellee Gary Sorensen. No appearances for Appellees Barry D. Joye, Donald K. Joye, Luronda S. Joye, Greater Southeastern Land Development, LLC, Bruce Naylor, Southeastern Paving & Construction, LLC, or Tony D. Richards.

Upon consideration of Appellant's response to the Court's order of October 20, 2017, the Court has determined that the order on appeal is not a final order or appealable non-final order. We, therefore, dismiss the appeal.

Appellant seeks review of an order granting a motion to dismiss its amended counterclaim. We dismiss the appeal for two reasons. First, the order grants a motion to dismiss without actually dismissing. An order that merely grants a motion to dismiss or a motion for summary judgment, but that does not enter judgment on the motion, or otherwise qualify as a judgment, is not a final appealable order. See Dedge v. Crosby, 914 So. 2d 1055 (Fla. 1st DCA 2005).

Second, the order is not presently appealable because counterclaims and cross-claims, related to the claims addressed in the order on appeal, remain pending. Jensen v. Whetstine, 985 So. 2d 1218, 1220-1221 (Fla. 1st DCA 2008) (dismissing appeal from order that did not dispose of remaining claims involving related facts); Northcutt v. Pathway Fin., 555 So. 2d 368 (Fla. 3d DCA 1989) (holding interrelatedness depends on “whether there is a factual and legal overlap between the claims”).

The dismissal is without prejudice to seeking review upon rendition of a final order that disposes of all claims, including the pending, related counterclaims and cross-claims.

PER CURIAM.

ROBERTS, KELSEY, and M.K. THOMAS, JJ., concur.

Copied to clipboard