Opinion
No. AT-199.
December 16, 1983.
Appeal from the Circuit Court for Jackson County, Robert C. McCrary, Jr., J.
F. Philip Blank, Tallahassee, for appellant.
Charles M. Wynn, Marianna, and Thayer M. Marts, Tallahassee, for appellee.
Appellant, counterplaintiff below, appeals a "judgment" granting appellee/counterdefendant's motion for summary judgment as to a three-count counterclaim. The decretal portion of the trial court's "judgment" reads:
ORDERED, ADJUDGED and DECREED, that Counter-defendant's Motion for Summary Judgment is hereby granted.
This order is merely authorization for entry of a final judgment; it does not, in and of itself, constitute an appealable final judgment. Shupack v. Allstate Insurance Co., 356 So.2d 1298 (Fla. 3d DCA 1978). Additionally, it appears from a review of the record that appellee's motion for summary judgment applies only to Count I of appellant's three-count counterclaim. Because all three of the counts in the counterclaim are interrelated and arise out of the same transaction, a final judgment as to only one count is a nonappealable interlocutory order. Mendez v. West Flagler Family Association, Inc., 303 So.2d 1 (Fla. 1974); McClain Construction Corp. v. C.S. Roberts, 351 So.2d 399 (Fla. 2d DCA 1977).
APPEAL DISMISSED.
ERVIN, C.J., and BOOTH and ZEHMER, JJ., concur.