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Howland v. State

District Court of Appeal of Florida, First District
Oct 2, 2002
826 So. 2d 1080 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 1D02-2704

Opinion filed October 2, 2002.

An appeal from the Circuit Court for Suwannee County. Thomas J. Kennon, Jr., Judge.

Stephen C. Bullock of Brannon, Brown, Haley, Robinson Bullock, P.A., Lake City, for Appellants.

Richard A. Weiss, Assistant General Counsel, Department of Transportation, Tallahassee, for Appellee.


We have for consideration the appellee's motion to dismiss appeal for lack of jurisdiction. Having considered the appellee's motion, as well as the appellants' memorandum of law in opposition, the motion is hereby granted and this appeal is dismissed.

The appellants filed a timely notice of appeal seeking review of three interlocutory orders arising out of a condemnation proceeding. Neither the order on motion to amend answer, nor the order on motion for rehearing are reviewable orders. The third order granted the appellee's motion to strike the appellants' claim for business damages. The appellants contend that this claim is not interrelated with the pending claim for compensation for the fair market value of the property taken. They base this contention on the assertion that "the fact that the orders may have arisen out of the same set of facts is not enough to preclude appeal of a partial judgment." We disagree. "Piecemeal appeals will not be permitted where claims are interrelated and involve the same transaction and the same parties remain in the suit." S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla. 1974).

DISMISSED.

BOOTH, BARFIELD and KAHN, JJ., CONCUR.


Summaries of

Howland v. State

District Court of Appeal of Florida, First District
Oct 2, 2002
826 So. 2d 1080 (Fla. Dist. Ct. App. 2002)
Case details for

Howland v. State

Case Details

Full title:JOHN DADE HOWLAND and PEGGY R. HOWLAND, HAL FLETCHER, and BILLY E…

Court:District Court of Appeal of Florida, First District

Date published: Oct 2, 2002

Citations

826 So. 2d 1080 (Fla. Dist. Ct. App. 2002)

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