Christopher Lusby, Deborah Lusby, and Donald Lusby v. Carl M. Canevari and C. Gene Canevari

Summary

The Florida Sixth District Court of Appeal dismissed an appeal challenging summary judgment declaring an express easement and permanently enjoining interference with its use. The court held that the order was nonfinal and nonappealable because an alternative prescriptive-easement count and related counterclaims remained pending in the trial court.

Holdings

1. An order granting summary judgment on Counts I and II was nonfinal and nonappealable because the factually and legally related alternative prescriptive-easement Count III remained pending in the circuit court.
2. The appealed judgment was also nonfinal because the Lusbys' compulsory counterclaim for declaratory and injunctive relief arising from the same dispute remained pending below.

Questions Presented

1. Whether an order granting summary judgment on some counts of an amended complaint is final and appealable when a factually and legally related count remains pending.
2. Whether a judgment on the original complaint is nonfinal for appeal purposes when a compulsory counterclaim arising from the same dispute remains pending.

Disposition

dismissed