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Stein v. Hospital Corp. of America

District Court of Appeal of Florida, Fourth District
Jan 15, 1986
481 So. 2d 1264 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-80.

January 15, 1986.

Appeal from the Circuit Court for Broward County, George Richardson, Jr., J.

Samuel J. Dubbin of Steel, Hector Davis, Miami, and Talbot D'Alemberte of Talbot D'Alemberte, P.A., Tallahassee, for appellants.

Paul R. Regensdorf of Fleming, O'Bryan Fleming, Fort Lauderdale, for appellees.


At oral argument we raised the question of our jurisdiction to entertain this appeal which challenges the propriety of a partial final judgment. We requested supplementary briefs and now conclude that the appeal must be dismissed.

Initially, we find that the counts covered by the partial final judgment and the count which remains pending in the trial court "in substance involve the same transaction." Mendez v. West Flagler Family Association, 303 So.2d 1, 5 (Fla. 1974). "Because . . . [the] counts involve the same factual circumstances, review by direct appeal is . . . improper under the rationale of the Mendez case." Venezia A., Inc. v. Askew, 314 So.2d 254, 257 (Fla. 1st DCA 1975), cert. denied, 333 So.2d 465 (Fla. 1976).

Also, we reject the contention that this appeal is cognizable under rule 9.110(k), Fla.R.App.P. We join our sister court in holding that rule 9.110(k) "does not make all partial judgments immediately appealable nor does it expand in any way the class of orders immediately appealable." Bay Gulf Laundry Equipment Co. v. Chateau Tower, Inc., 484 So.2d 615, ___ (Fla.2d DCA 1985). Accordingly, this appeal is

DISMISSED.

LETTS and HURLEY, JJ., and LEVY, DAVID L., Associate Judge, concur.


Summaries of

Stein v. Hospital Corp. of America

District Court of Appeal of Florida, Fourth District
Jan 15, 1986
481 So. 2d 1264 (Fla. Dist. Ct. App. 1986)
Case details for

Stein v. Hospital Corp. of America

Case Details

Full title:KENNETH L. STEIN, ET AL., AS CROWN ASSOCIATES, APPELLANTS, v. HOSPITAL…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 15, 1986

Citations

481 So. 2d 1264 (Fla. Dist. Ct. App. 1986)

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