Opinion
No. 84-2500.
February 13, 1985.
Non-final appeal from Circuit Court, Broward County; Bobby W. Gunther, Judge.
James O. Murphy, Jr. of Byrd Murphy, Fort Lauderdale, for appellant.
Lee B. Gartner of Sobo, Wellens Balocco, Fort Lauderdale, for appellee.
DISMISSED. Appellant was the party seeking affirmative relief in his second amended counterclaim. Thus, dismissal of Count I of that claim is not an order in favor of the party seeking affirmative relief. 9.130(a)(3)(C)(iv) Fla.R.App.P.
DOWNEY, HERSEY and DELL, JJ., concur.