Opinion
No. 3D11–1935.
2012-05-14
INTERNATIONAL AIR CARGO, LLC, Appellant(s)/Petitioner(s), v. FACTOR KING, LLC, Appellee(s)/Respondent(s).
Following the Court's review of the appellant's response to the order to show cause regarding appellate jurisdiction (April 20, 2012), this appeal is dismissed for lack of jurisdiction. Counts I (account stated) and III (unjust enrichment) plainly arise from the same set of operative facts as Count II (breach of contract). The summary judgement was not in fact a final, appealable judgment, and paragraph 13 of the order sought to be reviewed expressly reserves jurisdiction in the circuit court “over the matter and these parties to adjudicate the remaining counts (by counterclaim or otherwise).” No other basis for review has been demonstrated. See Santana v. Fla. Int'l Univ., 922 So.2d 242 (Fla. 3d DCA 2006).
Appeal dismissed.