Tuesday, May 19, 2009

Appeal Dismissed Because Claim was Inextricably Intertwined with Remaining Claims

In Arthur v. Smith (1D09-0981), the First DCA dismissed the appeal for lack of jurisdiction because "The claims disposed of by the orders on appeal are inextricably intertwined with the counterclaims that remain pending, and the appeal is therefore premature. Cf. Mass. Life Ins. Co. v. Crapo, 918 So. 2d 393 (Fla. 1st DCA 2006). Accordingly, the appeal is hereby dismissed as premature."


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