FAIR LANE ACRES PROPERTY OWNERS ASSN., INC., ET AL., APPELLANTS,
v.
FAIR LANE UTILITIES, INC., APPELLEE

Fla. 2d DCA | 1985-10-16
No. 85-423
LEHAN, A.C.J., and FRANK and HALL, JJ., concur.
478 So. 2d 380 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Plaintiff has appealed a partial final summary judgment for defendant. We dismiss the appeal as prematurely filed.

After granting the summary judgment as to portions of plaintiffs complaint, the trial court consolidated the remaining claims in the complaint and defendant’s counterclaim with another related lawsuit then pending in the same circuit court. Because the issues disposed of by the partial final summary judgment are interrelated with those claims which remain pending in circuit court, we believe the rationale of S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla.1974), and Mendez v. West Flagler Family Association, Inc., 303 So. 2d 1 (Fla.1974), applies. An appeal would be appropriate when all the interrelated claims and issues have finally been disposed of by the circuit court.

The appeal is dismissed.

LEHAN, A.C.J., and FRANK and HALL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Addison L. Bain v. Ingeborg K. Bain, 553 So. 2d 1389 (Fla. 5th DCA 1990)
    …ve an equitable distribution of marital assets. Generally, a 50/50 split of marital assets is not required, but is a good starting point. Moore v. Moore, 543 So. 2d 252, 256 (Fla. 5th DCA 1989).1 Unequal distribution must be justified. Wynn v. Wynn, 478 So. 2d 380 (Fla. 5th DCA 1985); Ente at 234. Marital assets include assets acquired during a marriage, individually by either spouse or jointly by them.2 The choice of dates to value marital assets is largely within the trial court’s discretion. Moore at 257;…
    1 / 2
  • Halberg v. Halberg, 519 So. 2d 15 (Fla. 3d DCA 1987)
    …require equal division of the marital assets, see Carroll; De Cenzo, equal apportionment “is a good starting point.” Carroll, 471 So. 2d at 1361. In the absence of any legal or practical reason for unequal and inequitable distribution, Wynn v. Wynn, 478 So. 2d 380 (Fla. 5th DCA 1985), we find no basis for the court’s disproportionate awards. We therefore reverse those portions of the trial court’s order dealing with distribution of assets and remand with directions to apply the principles of equitable distrib…
  • RICO v. Rosario RICO, 487 So. 2d 1161 (Fla. 5th DCA 1986)
    …ompetent substantial evidence in the record to support the award here, so logic and justification for the result are absent. Under those circumstances, there is an abuse of discretion. See Marcoux v. Marcoux, 464 So. 2d 542 (Fla.1985); Wynn v. Wynn, 478 So. 2d 380 (Fla. 5th DCA 1985) (an unnecessary, unjustified, and unequal distribution of marital assets that shortchanges one marital partner is correctable on appeal). In dividing marital assets, a trial judge should ensure that neither spouse automatically…

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