Bardakjy v. Empire Inv. Holdings, LLC
| Decision Date | 07 February 2018 |
| Docket Number | No. 3D17–2270,3D17–2270 |
| Parties | Eugene BARDAKJY, Appellant, v. EMPIRE INVESTMENT HOLDINGS, LLC, etc., Appellee. |
| Court | Florida District Court of Appeals |
Rafool, LLC, and David R. Hazouri, for appellant.
Waldman Barnett, P.L., and Glen H. Waldman and Benjamin L. Keime, for appellee.
Before FERNANDEZ, LOGUE and LINDSEY, JJ.
This is before us on the motion of Appellee, Empire Investment Holdings, LLC ("Empire"), to dismiss this appeal for lack of jurisdiction. In this appeal, Appellant, Eugene Bardakjy ("Bardakjy"), appeals the trial court's order entitled, Final Judgment Against Plaintiff, Eugene Bardakjy, on His Claim for Breach of Contract, entered in favor of Empire on Bardakjy's complaint for breach of contract. Empire's counterclaims for breach of fiduciary duty and unjust enrichment remain pending below. These counterclaims form the basis for Empire's motion to dismiss. Bardakjy argues in opposition to the motion to dismiss that Empire's counterclaims involve Bardakjy's alleged conduct as an employee of Empire prior to his resignation and, thus, involve two distinctly separate and independent transactions and occurrences.
In its amended counterclaim, Empire alleged that subsequent to Bardakjy's resignation, it learned that Bardakjy had committed acts of negligence and mismanagement with respect to the plan to redesign and reengineer one of the manufacturing lines at one of the plants (the "Manufacturing Line Conversion") and then concealed its complete failure from Empire. Empire allegedly discovered that the redesign and reengineering of the Manufacturing Line Conversion was fatally flawed from inception and that Bardakjy neither sought the consultation of others with the requisite expertise nor allowed anyone with such expertise who desired to participate to have a voice.
Empire claimed that Bardakjy breached his fiduciary duty to Empire by failing to act in good faith and with the best interests of Empire when designing and implementing the Manufacturing Line Conversion, and by the reckless design and concealment of its failure. Empire further claimed that Bardakjy was unjustly enriched by receiving the severance package in light of his actions with respect to the Manufacturing Line Conversion. Upon learning of Bardakjy's failure to perform his duties with respect to the Manufacturing Line Conversion, Empire rescinded the severance package and ceased making payments to Bardakjy. Although Bardakjy's alleged...
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...claim arose from the same set of facts as appellee's counterclaim and third party claim); see also Bardakjy v. Empire Inv. Holdings, LLC, 239 So.3d 146 (Fla. 3d DCA 2018) (concluding that final judgment was not appealable under rule 9.110(k) and dismissing appeal as premature where issues a......
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