Florida District Courts of Appeal, 2015

Monahan v. Bank of New York Mellon

Monahan v. Bank of New York Mellon
Florida District Courts of Appeal · Decided July 14, 2015 · Bilbrey, Rowe, Swanson
167 So. 3d 524; 2015 Fla. App. LEXIS 10682; 2015 WL 4231730 (Southern Reporter, Third Series)

Monahan v. Bank of New York Mellon

Opinion of the Court

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of May 29, 2015, the Court has determined that Count II of the Verified Complaint to Foreclose Mortgage, and Count I, seeking imposition of an equitable lien on the property, are inextricably intertwined. Therefore, the May 12, 2015 Final Judgment for Plaintiff as to Count II, does not constitute a partial final judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k). Accordingly, the appeal is hereby dismissed as premature.

ROWE, SWANSON, and BILBREY, JJ., concur.

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