Opinion
No. 96-308.
July 31, 1996.
Appeal from Circuit Court, Dade County, Thomas Spencer, J.
Wampler, Buchanan Breen and Larry L. Cook and Donna L. Deconna, Miami, for appellant.
Michael A. Levin and Howard Landau, Miami, for appellees.
Before SCHWARTZ, C.J., and LEVY and SHEVIN, JJ.
Jonas, an architect, appeals from an order dismissing Count I of his three count complaint. Each of the three counts seeks the same damages for the same services against the same defendants based on separate legal theories, respectively the imposition of a construction lien (Count I), breach of contract (Count II), and unjust enrichment (Count III). Because Counts II and III remain pending below, it is obvious that the dismissal of Count I is not appealable at this time. Mendez v. West Flagler Family Assoc., 303 So.2d 1 (Fla. 1974); Roper v. Wilcox, 596 So.2d 532 (Fla. 3d DCA 1992); Lavey v. Tattoli, 491 So.2d 1170 (Fla. 5th DCA 1986); One Thousand Oaks, Inc. v. Dade Sav. Loan Ass'n, 417 So.2d 1135 (Fla. 5th DCA 1982).
Appeal dismissed.