Daniel D. Strader v. Carpenter's Crest Owners Association
CourtDistrict Court of Appeal of Florida
Date FiledOctober 13, 2021
Docket2D19-1608
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
DANIEL D. STRADER,
Appellant,
v.
CARPENTERS CREST OWNERS ASSOCIATION and BARRY
FITTERMAN,
Appellees.
No. 2D19-1608
October 13, 2021
Appeal from the Circuit Court for Polk County; John M. Radabaugh,
Judge.
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.
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Opinion subject to revision prior to official publication.
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