Sweeney v. Islandview Beach Homeowner's Ass'n

Full title: Jena L. Sweeney and Michael D. Sweeney, Appellants, v. Islandview Beach…

Court: Florida Court of Appeals, First District

Date published: Sep 27, 2023

No. 1D22-0787 (Fla. Dist. Ct. App. Sep. 27, 2023)

Opinion

1D22-0787

09-27-2023

Jena L. Sweeney and Michael D. Sweeney, Appellants, v. Islandview Beach Homeowner's Association, Inc., Appellee.

Kyle S. Bauman of Anchors Smith Grimsley, Fort Walton Beach, for Appellants. Michael A. Rosenberg and Therese A. Savona of Cole, Scott &Kissane, P.A., Plantation, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Okaloosa County. John Jay Gontarek, Judge.

Kyle S. Bauman of Anchors Smith Grimsley, Fort Walton Beach, for Appellants.

Michael A. Rosenberg and Therese A. Savona of Cole, Scott &Kissane, P.A., Plantation, for Appellee.

PER CURIAM.

Appellants seek review of a trial court order dismissing their counterclaims against Appellees. Because their counterclaims were compulsory, not permissive, appeal of their dismissal is not permitted until a final disposition of the original cause has been obtained. Mendez v. West Flagler Family Ass'n, Inc., 303 So.2d 1, 5 (Fla. 1974); Campbell v. Gordon, 674 So.2d 783, 785 (Fla. 1st DCA 1996). We therefore dismiss this appeal.

DISMISSED.

B.L. THOMAS, WINOKUR, and LONG, JJ., concur.