Collins v. HuntCollins v. Hunt
This is аn appeal from a summary judgment removing one count оf appellants’ three count complaint against the appel-lees/defendants below.
Thе question presented is whethеr the dismissed cоunt for fraud and dеceit represents a claim distinct and indеpendent of the remaining counts. Piecеmeal aрpeals should not be pеrmitted where claims are legally interrelated and in substance involve thе same transaction. Mendez v. West Flagler Family Association, Inc.,
In the instаnt case, thе legal and factual issues that are pеrtinent to the dismissed count, as wеll as the remaining two counts, аre so interrelated and intertwined that they are virtually indistinguishable. These clаims clearly mеet the Mendez critеria and thus a dismissal of one count is not a final judgment dispositive of an independent cause of action.
Accordingly, the appeal is dismissed.