489 So. 2d 1217 | Fla. Dist. Ct. App. | 1986
Appellant sued Dandi Merchandise, Inc. (Dandi) on a promissory note bearing an annual interest rate of 25%. Dandi defended and counterclaimed on the theory of usury. Appellant filed a third-party action alleging that Blancher, as a licensed securities agent, improperly induced him to “invest” money in Dandi for interest higher than the legal rate. The amended third-party complaint also alleged that Blancher failed to inform appellant of Dandi’s precarious financial condition and that Blanch-er was a director of Dandi and had a financial interest in that corporation. On the premise that the promissory note constituted a “security,” count one sought rescission for failure to comply with the Florida Securities Act. Counts two and three prayed for damages on theories of breach of fiduciary duty and negligence. Upon Blancher’s motion, the court dismissed count one with prejudice and dismissed counts two and three with leave to amend. Appellant seeks to appeal from the dismissal of count one.
We hereby dismiss the appeal for lack of jurisdiction. Needless to say, the dismissal is without prejudice to later raising the same issue upon a proper appeal.