Mauricio Servitje-Labarrere, Roberto Servitje-Achutegui, and Altex USA Corporation v. Gonzalo Fernandez del Castillo Quintana and Jasu Juice, LLC
The Third District affirmed a final judgment entered on a jury verdict for tortious interference with a business relationship. The court held the successor judge committed no error in re-examining summary judgment on the amended counterclaim because the predecessor judge's summary judgment order remained interlocutory and became non-operative once the counterclaim was amended. It further held the plaintiff's declaration describing the false non-compete email and the resulting change in the prospective employer's hiring posture created a genuine issue of material fact notwithstanding contrary deposition testimony from the employer's own representatives.
Key facts
- Gonzalo Fernandez del Castillo Quintana counterclaimed against Mauricio Servitje-Labarrere, Roberto Servitje-Achutegui, and Altex USA Corporation for tortious interference with a business relationship after Southern Gardens Citrus Processing Corp. declined to hire him as an employee.
- Fernandez alleged Appellants sent Southern Gardens an email falsely stating he was bound by a non-compete agreement and mailed his attorney a letter threatening litigation against both Fernandez and Southern Gardens if he accepted employment.
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Holdings
- An order granting summary judgment that is never reduced to a final judgment remains interlocutory, and it becomes non-operative when the underlying claim is amended; a successor judge may…
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Why it matters
The decision is useful ammunition on two recurring commercial-litigation fronts. First, it confirms that a non-final summary judgment order is not locked in — amending the pleading resets the issue, and a successor… — full analysis with a trial
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