Andrew Hawrych v. Peter Von Berg, Chaz Hatfield, Yvonne Von Berg, Lindy Hatfield Zinser and Nutra-Luxe M.D., LLC

Summary

The Sixth District Court of Appeal of Florida affirms the partial summary judgment as to claims against Yvonne Von Berg, Chaz Hatfield, and Lindy Hatfield Zinser. It dismisses the remainder of the appeal involving Peter Von Berg and Nutra-Luxe, M.D., LLC because the unresolved claims involve the same parties and are not separate and distinct from the claims on appeal.

Holdings

1. A district court of appeal has jurisdiction to review a partial final judgment that disposes of the entire case as to a party. Because the judgment was final as to Yvonne Von Berg, Chaz Hatfield, and Lindy Hatfield Zinser, the court affirmed the judgment as to those parties.
2. A partial final judgment is not reviewable under Florida Rule of Appellate Procedure 9.110(k) when claims involving the same parties remain pending and are not separate and distinct from the claims adjudicated in the appealed judgment. The appeal was therefore dismissed as to Peter Von Berg and Nutra-Luxe.

Questions Presented

1. Whether the district court had jurisdiction to review the partial final judgment as to Yvonne Von Berg, Chaz Hatfield, and Lindy Hatfield Zinser when the judgment disposed of the entire case as to those parties.
2. Whether the district court had jurisdiction to review the partial summary judgment as to Peter Von Berg and Nutra-Luxe when related claims involving those same parties remained pending and were not separate and distinct.

Disposition

other