Opinion
Nos. 4D00-0116 and 4D00-0117.
Opinion filed February 16, 2000.
Consolidated petitions for writ of certiorari and mandamus to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jorge Labarga, Judge; L.T. Nos. CL 96-10663 AB and CL 96-10665 AB.
Jack S. Cox of Jack Schramm Cox, P.A., Palm Beach Gardens, for petitioners.
No response required for respondent.
Petitioners seek review of a partial final summary judgment. When the order was entered, it disposed of all claims involving the respondent. However, before the time had run for filing the notice of appeal, petitioners were allowed to amend their pleadings to allege a new cause of action arising out of the same transaction. By the time they sought review in this court, the case was no longer entirely disposed of as to the respondent, so the summary judgment was not a final, appealable order within the meaning of Florida Rule of Appellate Procedure 9.110(k).
We dismiss the petitions seeking certiorari review or a writ of mandamus because the petitioners will have an adequate remedy on plenary appeal when a final order is entered on their new claims against respondent. Allowing review at this point would be contrary to Florida's policy of avoiding piecemeal appeals. Pellegrino By and Through Pellegrino v. Horwitz, 642 So.2d 124, 126 (Fla. 4th DCA 1994); Mendez v. West Flagler Family Association, Inc., 303 So.2d 1 (Fla. 1974). Dismissal is therefore without prejudice to the rights of the parties to file a timely notice of appeal once a final order is rendered in the case below.
WARNER, C.J., GUNTHER and HAZOURI, JJ., concur.