Libman v. Florida Wellness & Rehabilitation Center, Inc.
The Third District dismissed an appeal from an order titled 'Final Summary Judgment' that granted summary judgment against an attorney-plaintiff's breach of contract claim while the defendants' counterclaims remained pending. The court held that an order merely granting summary judgment, without language entering judgment, is not final, and that even the portion dismissing the amended complaint was not an appealable partial final judgment under Rule 9.110(k) because the contract claim was inextricably intertwined with the pending counterclaims arising from the same oral agreement.
Key facts
- Attorney-plaintiff Libman sued Florida Wellness & Rehabilitation Center for breach of an oral contract; defendants filed a counterclaim based on the same oral agreement.
- The trial court entered an order titled 'Final Summary Judgment' that granted summary judgment against Libman's amended complaint while the defendants' counterclaims remained pending.
- +2 more key facts with a free trial
Why it matters
A clean, citable restatement of two recurring appellate jurisdiction traps: (1) an order that only 'grants' summary judgment is not appealable absent decretal language entering judgment, and (2) a partial final judgment… — full analysis with a trial
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