Opinion

Behavioral Healthcare Options, Inc. v. Charter Behavioral Health System of Tampa Bay, Inc.

  • 727 So. 2d 1135
  • 1999 Fla. App. LEXIS 3089
  • 1999 WL 140413
Court
District Court of Appeal of Florida
Filed
Mar 17, 1999
Status
Published
Author
Green
On the bench
Blue, Green, Patterson
Cited by
6 cases
Authority
More cited than 77.9%

holding that the dismissal of the claims brought by a professional association against appellees was a final appealable order under rule 9.110(k) because no other counts remained in which the association was a party

How later courts described this case

  • holding that the dismissal of the claims brought by a professional association against appellees was a final appealable order under rule 9.110(k) because no other counts remained in which the association was a party
  • holding that an order of dismissal as it related to claims that were interrelated with the claims remaining against a party was non-final and nonappealable
  • holding order reviewable that dismissed only one plaintiffs claims because “there are no remaining counts in which [he] is a party”
  • dismissing appeal and concluding an order of dismissal was nonfinal, nonappealable order because the dismissed claims were interrelated with two. remaining claims

Written by the judges who cited it.

The opinion

GREEN, Judge.

Behavioral Healthcare Options, Inc. (BHO), appeals an order dismissing with prejudice its claims against, Charter Behavioral Health System of Tampa Bay, Inc., and Charter Medical Corp. The order of dismissal, as it relates to BHO’s claims, is a nonfinal, nonappealable order, because BHO’s dismissed claims are interrelated with two claims brought by BHO, which were not dismissed. See Mendez v. West Flagler Family Ass’n, Inc., 303 So.2d 1 (Fla.1974). We find that the order of dismissal as it relates to BHO’s claims is a nonfinal, nonap-pealable order and, accordingly, dismiss BHO’s appeal.

The trial court’s order, as it relates to the dismissal of the claims brought by Kevin Butler, P.A., against appellees, however, is a final appealable order, because there are no remaining counts in which Dr. Butler is a party. See Fla. R.App. P. 9.110k; Ammons v. Okeechobee County, 710 So.2d 641 (Fla. 4th DCA 1998). While the order dismissing all of Dr. Butler’s claims is appealable, we find the trial court properly dismissed his claims, and accordingly, we affirm.

PATTERSON, A.C.J., and BLUE, J., Concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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