Legal Opinion

WD 19790, LLC v. Dan Trust

District Court of Appeal of Florida

Decided October 3, 2018No. 3D18-1664Published

1Opinion of the CourtLogue, J.

The order dismissing Count VI of Appellant's Second Amended Counterclaim is not an appealable order under Florida Rule of Appellate Procedure 9.110(k) as "a separate and distinct cause of action that is not interdependent with other pleaded claims" because Count VI alleges abuse of process on the basis that the Appellees' Third Amended and Supplemental Complaint "is a sham and seeks de minimis, nominal and/or technical damages, if any, without a reasonable prospect of success." This allegation is intertwined with the litigation still pending in the trial court concerning the legal and factual…

2Cases cited1 opinion

  1. Bardakjy v. Empire Investment Holdings, LLCDistrict Court of Appeal of Florida · 2018

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