IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA TIMOTHY BROOKS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D16-5217 TAYLOR COUNTY, FLORIDA, Appellee. _____________________________/ Opinion filed January 31, 2017.

An appeal from an order of the Circuit Court for Taylor County.

Gregory S. Parker, Judge.

Timothy Brooks, pro se, Appellant.

Matthew G. Hawk of McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A., Tallahassee, for Appellee.

PER CURIAM.

Appellant seeks review of an order granting summary judgment as to his counterclaim. The underlying action to foreclose a lien remains pending. The Court has determined that the order on appeal is not “one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims.” Fla. R. App. P. 9.110(k). Therefore, the order 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 dismissed as premature.

WETHERELL, MAKAR, and KELSEY, JJ., CONCUR.