Elawyers Elawyers
Ohio| Change

Columbia Bank v. Barry D. Joye, Luronda S. Joye, Greater etc., 17-4150 (2018)

Court: District Court of Appeal of Florida Number: 17-4150 Visitors: 2
Filed: Apr. 30, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4150 _ COLUMBIA BANK, Appellant, v. BARRY D. JOYE; LURONDA S. JOYE; GREATER SOUTHEASTERN LAND DEVELOPMENT, LLC; BRUCE NAYLOR; GARY SORENSEN; SOUTHEASTERN PAVING & CONSTRUCTION, LLC; TONY D. RICHARDS; and DONALD K. JOYE, Appellees. _ On appeal from the Circuit Court for Columbia County. E. Bailey Browning, III, Judge. April 30, 2018 PER CURIAM. Upon consideration of Appellant’s response to the Court’s order of October 20, 2017, the Court
More
         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D17-4150
                 _____________________________

COLUMBIA BANK,

    Appellant,

    v.

BARRY D. JOYE; LURONDA S.
JOYE; GREATER SOUTHEASTERN
LAND DEVELOPMENT, LLC;
BRUCE NAYLOR; GARY
SORENSEN; SOUTHEASTERN
PAVING & CONSTRUCTION, LLC;
TONY D. RICHARDS; and DONALD
K. JOYE,

    Appellees.
                 _____________________________


On appeal from the Circuit Court for Columbia County.
E. Bailey Browning, III, Judge.

                          April 30, 2018

PER CURIAM.

    Upon consideration of Appellant’s response to the Court’s
order of October 20, 2017, the Court has determined that the
order on appeal is not a final order or appealable non-final order.
We, therefore, dismiss the appeal.

    Appellant seeks review of an order granting a motion to
dismiss its amended counterclaim. We dismiss the appeal for two
reasons. First, the order grants a motion to dismiss without
actually dismissing. An order that merely grants a motion to
dismiss or a motion for summary judgment, but that does not
enter judgment on the motion, or otherwise qualify as a
judgment, is not a final appealable order. See Dedge v. Crosby,
914 So. 2d 1055
(Fla. 1st DCA 2005).

      Second, the order is not presently appealable because
counterclaims and cross-claims, related to the claims addressed
in the order on appeal, remain pending. Jensen v. Whetstine, 
985 So. 2d 1218
, 1220-1221 (Fla. 1st DCA 2008) (dismissing appeal
from order that did not dispose of remaining claims involving
related facts); Northcutt v. Pathway Fin., 
555 So. 2d 368
(Fla. 3d
DCA 1989) (holding interrelatedness depends on “whether there
is a factual and legal overlap between the claims”).

    The dismissal is without prejudice to seeking review upon
rendition of a final order that disposes of all claims, including the
pending, related counterclaims and cross-claims.

ROBERTS, KELSEY, and M.K. THOMAS, JJ., concur.

                  _____________________________

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


Nicholas V. Pulignano, Jr. and Meagan L. Logan, of Marks Gray,
P.A., Jacksonville, for Appellant.

Adam L. Morrison of Sellers, Taylor & Morrison, P.A., Live Oak,
for Appellee Gary Sorensen.

No appearances for Appellees Barry D. Joye, Donald K. Joye,
Luronda S. Joye, Greater Southeastern Land Development, LLC,
Bruce Naylor, Southeastern Paving & Construction, LLC, or Tony
D. Richards.


                                 2

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer