Opinion
No. 3D13–0768.
03-05-2014
Stephen MILBOURN, Appellant(s)/Petitioner(s), v. KW PROPERTY MANAGEMENT, LLC, etc., Appellee(s)/Respondent(s).
Opinion
Stephen Milbourn appeals the trial court's dismissal of Count I of his Amended Complaint. Milbourn has asserted two theories of recovery related to one incident, his allegedly wrongful termination. Although each count may be based on different legal theories, they are not separate and distinct causes of action where both claims relate to one incident-KW's allegedly retaliatory terminiation of Milbourn. The order dismissing Count I is not a final order appealable under Florida Rule of Appellate Procedure 9.110, and it is not a non-final order appealable under Florida Rule of Appellate Procedure 9.130. See Santana v. Fla. Int'l Univ., 922 So.2d 242 (Fla. 3d DCA 2006) ; One Thousand Oaks, Inc. v. Dade Sav. & Loan Assoc., 417 So.2d 1135 (Fla. 5th DCA 1982). We thus grant the Appellee's motion to dismiss the appeal as it is taken from a non-appealable, non-final order.