James G. Lince, The Bartos Group, LLC and Todd R. Bartos, Esq. v. Pelican Circle Association, Inc., et al.

Summary

The Florida First District Court of Appeal affirmed two final judgments awarding attorney’s fees and dismissed the appeal as to other orders granting summary judgment. The court held that the remaining orders were neither final orders nor appealable nonfinal orders, and did not qualify as partial final judgments.

Holdings

1. An order that merely grants a motion for summary judgment, without also entering judgment, is not a final order.
2. The remaining orders were not appealable nonfinal orders under Florida Rule of Appellate Procedure 9.130.
3. The remaining orders were not appealable as partial final judgments because they did not dispose of an entire case as to a party or a separate and distinct cause of action that was not interdependent with other pleaded claims.
4. The final judgments awarding attorney's fees to the Garris defendants and the Watson defendants were affirmed.

Questions Presented

1. Whether the orders merely granting summary judgment, without also entering judgment, were final orders subject to appellate review.
2. Whether the remaining orders were appealable nonfinal orders under Florida Rule of Appellate Procedure 9.130.
3. Whether the orders qualified as partial final judgments under Florida Rule of Appellate Procedure 9.110(k).
4. Whether the two final judgments awarding attorney's fees should be affirmed.

Disposition

other