PENSACOLA BEACH, LLC
v.
AMERICAN FIDELITY LIFE INSURANCE COMPANY
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An order is not an appealable partial final order where there is factual overlap between the pending claims and the claims resolved by the order.
[1] An order is not an appealable partial final order when there exists factual overlap between the pending claims and the claims resolved by the order.
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Join FLexlaw to unlock all legal intelligence“An order is not an appealable partial final order where there is a factual overlap between the pending claims and the claims resolved by the order.”
Court's citation to Jensen v. Whetstine, 985 So. 2d 1218, 1220 (Fla. 1st DCA 2008) as the controlling standard for dismissal.
Pensacola Beach, LLC appealed from a circuit court order in Escambia County. The order resolved some but not all claims in the underlying dispute.…
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February 28, 2018 PER CURIAM. DISMISSED. See Jensen v. Whetstine, 985 So. 2d 1218, 1220 (Fla. 1st DCA 2008) (“An order is not an appealable partial final order where there is a factual overlap between the pending claims and the claims resolved by the order.”).
WETHERELL, ROWE, and JAY, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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- Colon v. Nationwide Life Ins. Co., 985 So. 2d 1218 (Fla. 2d DCA 2008)