Opinion
No. 2D19-1608
10-13-2021
Daniel D. STRADER, Appellant, v. CARPENTERS CREST OWNERS ASSOCIATION and Barry Fitterman, Appellees.
Daniel D. Strader, pro se. David Maldonado of The Maldonado Law Firm, P.A., Lakeland, for Appellee.
Daniel D. Strader, pro se.
David Maldonado of The Maldonado Law Firm, P.A., Lakeland, for Appellee.
PER CURIAM.
Daniel D. Strader appeals from, among other orders, an order granting a motion to dismiss filed by Barry Fitterman. We dismiss Strader's appeal from that order based on the reasons set forth below and affirm the other orders without comment.
Strader's appeal from the order on Fitterman's motion to dismiss is dismissed because count II remains pending. As a result, it is not a final appealable order because judicial labor has not ended. See Harrison v. J.P.A. Enters., L.L.C. , 51 So. 3d 1217, 1219 (Fla. 1st DCA 2011) ("A ‘partial dismissal of a complaint is only reviewable when it is established that the dismissed claims are not legally and factually interrelated with the remaining claims.’ " (quoting Lambou v. Wakulla County , 919 So. 2d 678, 678 (Fla. 1st DCA 2006) )); cf. Behavioral Healthcare Options, Inc. v. Charter Behavioral Health Sys. of Tampa Bay, Inc. , 727 So. 2d 1135, 1136 (Fla. 2d DCA 1999) ("The trial court's order, as it relates to the dismissal of the claims brought by Kevin Butler, P.A., against appellees, however, is a final appealable order, because there are no remaining counts in which Dr. Butler is a party.").
Affirmed in part; dismissed in part.
CASANUEVA, SLEET, and ATKINSON, JJ., Concur.