Gibbs v. Reliance Insurance

ORFINGER, Judge.

We dismiss the consolidated appeals, sua sponte, because the partial summary judge-ments appealed from are not appealable.

An order dismissing a claim for punitive damages, but not a claim for compensatory damages, whether contained in a single count or in multiple counts, is not an appealable final order where the claims arise out of the same set of facts. Kingsland v. National Advertising Company, 384 So.2d 701 (Fla. 5th DCA 1980). Similarly, an order dismissing one count of a multi-count complaint is not appealable, even though based on a different legal theory, where the…