Albert J. Wagner v. Sticky Holsters, Inc., Bonch Enterprises, LLC, Michael J. Christoff and Kevin L. Dees
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 28, 2020
Docket2D19-1260
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
ALBERT J. WAGNER, )
)
Appellant, )
)
v. ) Case No. 2D19-1260
)
STICKY HOLSTERS, INC., a Florida )
Corporation; BONCH ENTERPRISES, )
LLC; a Florida Limited Liability )
Company; MICHAEL J. CHRISTOFF; )
an individual; and KEVIN L. DEES, )
ESQ., an individual, )
)
Appellees. )
)
Opinion filed February 28, 2020.
Appeal from the Circuit Court for Collier
County; Elizabeth V. Krier, Judge.
Joseph A. Davidow and Yasser Lahlifi
of Willis & Davidow, L.L.C., Naples, for
Appellant.
Daniel P. Fraser of Holmes Fraser, P.A.,
Naples, for Appellees.
PER CURIAM.
Albert J. Wagner appeals an order dismissing with prejudice count II of his
complaint against Sticky Holsters, Inc., Bonch Enterprises, LLC, Michael J. Christoff,
and Kevin L. Dees. The order of dismissal as it relates to Sticky Holsters, Bonch
Enterprises, and Michael J. Christoff is a nonfinal, nonappealable order because the
claims in count II are interrelated with the claims set forth in count I of the complaint
which was not dismissed. Accordingly, as to these appellees, we dismiss this appeal
for lack of jurisdiction. See Kidwell v. Gen. Motors Corp., 975 So. 2d 503, 504 (Fla. 2d
DCA 2007) (dismissing an appeal of "a nonfinal, nonappealable order because the
dismissed claims are interrelated with additional claims that remain pending").
The trial court's order as it relates to Kevin L. Dees, however, is a final
appealable order because there are no remaining counts in which Mr. Dees is a party.
See Fla. R. App. P. 9.110(k). We affirm the dismissal with prejudice of count II against
Mr. Dees.
Affirmed in part; dismissed in part.
CASANUEVA, KELLY, and LUCAS, JJ., Concur.
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