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

> District Court of Appeal of Florida · March 17, 1999 · 727 So. 2d 1135

URL: https://www.frixlaw.com/law-library/cases/7720524

## Case

- **Full name:** BEHAVIORAL HEALTHCARE OPTIONS, INC., and Kevin Butler, P.A. v. CHARTER BEHAVIORAL HEALTH SYSTEM OF TAMPA BAY, INC. and Charter Medical Corp.
- **Court:** District Court of Appeal of Florida
- **Decided:** March 17, 1999
- **Citations:** 727 So. 2d 1135; 1999 Fla. App. LEXIS 3089; 1999 WL 140413
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Green
- **Judges:** Blue, Green, Patterson
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7720524

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7720524. Public record. Not legal advice.