COAST TO COAST PROCESS PIPING, LLC
v.
LIQUID CONSULTING, INC.
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An appellate court lacks jurisdiction to hear an appeal from summary judgment on the main claim when a compulsory counterclaim arising from the same transaction and involving the same parties remains pending before the trial court.
[1] An appeal from an order granting summary judgment is premature and must be dismissed if a compulsory counterclaim remains pending before the trial court.
[2] A counterclaim is compulsory if it arises out of the same transaction or occurrence as the opposing party's claim.
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Join FLexlaw to unlock all legal intelligence“Piecemeal appeals will not be permitted where claims are interrelated and involve the same transaction and the same parties remain in the suit.”
Court citing S.L.T. Warehouse Co. v. Webb to establish the rule against piecemeal appeals
Coast to Coast sued Liquid Consulting for breach of contract. The trial court granted summary judgment in favor of Liquid Consulting, but Liquid Consu…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED COAST TO COAST PROCESS PIPING, LLC,
Appellant,
v. Case No. 5D22-291 LT Case No. 2020-CA-002701
LIQUID CONSULTING, INC.,
Appellee. ________________________________/ Opinion filed November 14, 2022 Appeal from the Circuit Court for Seminole County, Christopher Sprysenski, Judge. Sara Howeller, of Law Office of Sara Howeller, Sanford, for Appellant. Tim W. Sobczak, of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., Orlando, for Appellee. LAMBERT, C.J.
Coast to Coast Process Piping, LLC, (“Coast to Coast”), which was the plaintiff below, appeals the order granting final summary judgment entered against it and in favor of the appellee, Liquid Consulting, Inc., (“Liquid Consulting”) on Coast to Coast’s breach of contract action. Although neither party has questioned the “finality” of the order before us, our record shows that there remains pending before the trial court a counterclaim filed by Liquid Consulting against Coast to Coast seeking, among other things, damages for breach of the same contract. As it is clear to us that the counterclaim is a compulsory counterclaim under Florida Rule of Civil Procedure 1.170(a), we conclude that we lack jurisdiction under Florida Rule of Appellate Procedure 9.110(k) to presently consider this appeal. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Piecemeal appeals will not be permitted where claims are interrelated and involve the same transaction and the same parties remain in the suit.”); Almacenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559, 561–62 (Fla. 3d DCA 2015) (dismissing appeal for lack of jurisdiction as premature where issues and facts related to the appellee’s pending counterclaim were intertwined with the claims and defenses raised in the appeal); City of Haines City v. Allen, 509 So. 2d 982, 983 (Fla. 2d DCA 1987) (“If the counterclaim is compulsory, the disposition of it or the main claim cannot be appealed until both have been disposed of.” (citing Taussig v. Ins. Co. of N. Am., 301 So. 2d 21, 23 (Fla. 2d DCA 1974))). Accordingly, we dismiss this appeal.1 APPEAL DISMISSED.
EDWARDS and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- S. L. T. Warehouse Co. v. Wilmott Webb, 304 So. 2d 97 (Fla. 1974)
- Almacenes EL Globo de Quito v. Dalbeta L.C., 181 So. 3d 559 (Fla. 3d DCA 2015)
- City OF Haines City v. Allen, 509 So. 2d 982 (Fla. 2d DCA 1987)
- Bloomgarden v. Mandel, 154 So. 3d 451 (Fla. 3d DCA 2014)