Full Opinion

IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA April 15, 2020 JOHN A. BODZIAK, FRED B. ) BULLARD, JR., and ULMERTON ) ENTERPRISES, INC., ) ) Appellants, ) ) v. ) Case No. 2D18-4787 ) DDB REAL ESTATE INVESTMENTS, ) LLC., a Florida limited liability company; ) BERMER-BJURQUIST, INC., a Florida ) corporation; TIMOTHY C. DAILY; ) CHRISTIAN DAILY; and CRAIG ) BJURQUIST, ) ) Appellees. ) ________________________________ ) BY ORDER OF THE COURT: Appellants' motion for clarification is granted. The prior opinion dated February 28, 2020, is withdrawn, and the attached opinion is issued in its place. No further motions for rehearing will be entertained. I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER. MARY ELIZABETH KUENZEL, CLERK IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOHN A. BODZIAK, FRED B. ) BULLARD, JR., and ULMERTON ) ENTERPRISES, INC., ) ) Appellants, ) ) v. ) Case No. 2D18-4787 ) DDB REAL ESTATE INVESTMENTS, ) LLC., a Florida limited liability company; ) BERMER-BJURQUIST, INC., a Florida ) corporation; TIMOTHY C. DAILY; ) CHRISTIAN DAILY; and CRAIG ) BJURQUIST, ) ) Appellees. ) ________________________________ ) Opinion filed April 15, 2020. Appeal from the Circuit Court for Pinellas County; Jack R. St. Arnold and Thane Covert, Judges. Donald J. Schutz, St. Petersburg, for Appellants. Charles A. Samarkos and Sharon E. Krick of Johnson, Pope, Bokor, Ruppel & Burns, LLP, Clearwater, for Appellee Timothy C. Daily. No appearance for remaining Appellees. -2- PER CURIAM. Appellants John Bodziak, Fred Bullard, and Ulmerton Enterprises, Inc., appeal the dismissal of their counterclaims against appellee Timothy Daily. We affirm the dismissal of the claims against Daily. Although the other appellees were also named in the dismissed counts, the dismissal order is not final or appealable as to them because they are named in interrelated claims that remain pending in the circuit court. We express no view regarding the correctness of the dismissal as to those parties, and our disposition today has no bearing on the viability of any claims that remain pending. Affirmed. NORTHCUTT, CASANUEVA, and BADALAMENTI, JJ., Concur. -3-