Florida District Courts of Appeal, 2003

Capital Truck, Inc. v. International Truck & Engine Corp.

Capital Truck, Inc. v. International Truck & Engine Corp.
Florida District Courts of Appeal · Decided February 6, 2003 · Allen, Benton, Webster
836 So. 2d 1091; 2003 Fla. App. LEXIS 1234; 2003 WL 253031 (Southern Reporter, Second Series)

Capital Truck, Inc. v. International Truck & Engine Corp.

Opinion of the Court

PER CURIAM.

Having considered the appellants’ response to this Court’s order, dated November 13, 2002, we dismiss for lack of jurisdiction. The order on appeal, Order Granting Plaintiffs Motion to Dismiss Count II of Defendant Capital Truck, Inc.’s Counterclaim, rendered on September 10, 2002, is a compulsory counterclaim where it, and all the pending claims, all revolve around factual determinations as to whether a franchise interest could be transferred. Therefore, the dismissal of this compulsory counterclaim is neither a final appealable order nor an appealable partial final judgment. See Campbell v. Gordon, 674 So.2d 783, 785 (Fla. 1st DCA 1996); Fla. R.App. P. 9.110(k), (m) (2002).

DISMISSED.

ALLEN, C.J., WEBSTER and BENTON, JJ., concur.

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