BEHAVIORAL HEALTHCARE OPTIONS, INC., AND KEVIN BUTLER, P.A., APPELLANTS,
v.
CHARTER BEHAVIORAL HEALTH SYSTEM OF TAMPA BAY, INC. AND CHARTER MEDICAL CORP., APPELLEES

Fla. 2d DCA | 1999-03-17
No. 98-00862
PATTERSON, A.C.J., and BLUE, J., Concur.
727 So. 2d 1135 Florida District Court of Appeal, Second District (1999) Positive Treatment
Cited by 8 cases
Topics
Non-Final, Non-Appealable Order Non-Appealable Order Final Appealable Order Non-Final Order

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Opinion of the Court
GREEN, Judge.

GREEN, Judge.

Behavioral Healthcare Options, Inc. (BHO), appeals an order dismissing with prejudice its claims against, Charter Behavioral Health System of Tampa Bay, Inc., and Charter Medical Corp. The order of dismissal, as it relates to BHO’s claims, is a nonfinal, nonappealable order, because BHO’s dismissed claims are interrelated with two claims brought by BHO, which were not dismissed. See Mendez v. West Flagler Family Ass’n, Inc., 303 So. 2d 1 (Fla.1974). We find that the order of dismissal as it relates to BHO’s claims is a nonfinal, nonap-pealable order and, accordingly, dismiss BHO’s appeal.

The trial court’s order, as it relates to the dismissal of the claims brought by Kevin Butler, P.A., against appellees, however, is a final appealable order, because there are no remaining counts in which Dr. Butler is a party. See Fla. R.App. P. 9.110k; Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998). While the order dismissing all of Dr. Butler’s claims is appealable, we find the trial court properly dismissed his claims, and accordingly, we affirm.

PATTERSON, A.C.J., and BLUE, J., Concur.

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  • Gator Boring & Trenching, Inc. v. Westra Constr. Corp., 210 So. 3d 175 (Fla. 2d DCA 2016)
    …lving Travelers, we have jurisdiction to review Gator’s appeal from the dismissal of count II as a partial final judgment in accordance with rule 9.110(k). See Behavioral Healthcare Options, Inc. v. Charter Behavioral Health Sys. of Tampa Bay, Inc., 727 So. 2d 1135, 1136 (Fla. 2d DCA 1999) (holding that the dismissal of the claims brought by a professional association against appellees was a final appealable order under rule 9.110(k) because no other counts remained in which the association was a party). Accor…
  • Harrison v. J.P.A. Enters., L.L.C., 51 So. 3d 1217 (Fla. 1st DCA 2011)
    …Inc., 970 So. 2d 887, 889 (Fla. 1st DCA 2007) (finding jurisdiction where the lower tribunal’s “order disposes of the entire ease as to an individual party”); Behavioral Healthcare Options, Inc. v. Charter Behavioral Health Sys. of Tampa Bay, Inc., 727 So. 2d 1135, 1136 (Fla. 2d DCA 1999) (holding order reviewable that dismissed only one plaintiffs claims because “there are no remaining counts in which [he] is a party”). Both the personal representatives and J.P.A. Enterprises, LLC, remain parties in the case…
  • Merkle v. Home Shopping Network, Inc., 916 So. 2d 841 (Fla. 2d DCA 2005)
    …they are also interrelated with the claims contained in Mrs. Merkle’s continuing action against Gusler, rendering them nonappealable in the instant action. See Behavioral Healthcare Options, Inc. v. Charter Behavioral Health Sys. of Tampa Bay, Inc., 727 So. 2d 1135 (Fla. 2d DCA 1999); Cygler v. Presjack, 667 So. 2d 458 (Fla. 4th DCA 1996). Because these are nonfinal, nonappealable orders that are not included in rule 9.110(h), we dismiss Mrs. Merkle’s appeal as to these issues. Affirmed in part, dismissed in…

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