Monday, May 4, 2009

Dismissal of Appeal When Inextricably Intertwined Count Remained in Lower Court

The First DCA dismissed this appeal for lack of jurisdiction because the count not dismissed by the circuit court was inextricably intertwined with the dismissed count. Therefore, it is not a final order subject to review until judgment is entered on the remaining count.

Further, as the circuit court's order was without prejudice, the party could have refiled the complaint again making the appeal premature.


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