Miami-Dade Water and Sewer Authority v. Metropolitan Dade County, MIAMI-DADE
| Decision Date | 16 April 1985 |
| Docket Number | No. 84-706,MIAMI-DADE,84-706 |
| Citation | 10 Fla. L. Weekly 984,469 So.2d 813 |
| Parties | 10 Fla. L. Weekly 984 WATER AND SEWER AUTHORITY, and City of Miami, Appellants, v. METROPOLITAN DADE COUNTY and City of Miami, Appellees. |
| Court | Florida District Court of Appeals |
Lucia A. Dougherty and Gisela Cardonne, Floyd, Pearson, Richman, Greer, Weil, Zack & Brumbaugh and Robert Floyd and Scott D. Sheftall, Robert Sechin, Miami, for appellants.
Robert A. Ginsburg, County Atty., and Robert A. Duvall, Murray Greenberg, Miami, for appellees.
Before HENDRY, HUBBART and BASKIN, JJ.
Miami Dade Water & Sewer Authority [WASA] and the City of Miami [the City] appeal the "Order Granting Dade County's Motions for Summary Judgment and Entering Summary Final Judgment in Favor of Dade County and Denying Motions for Summary Judgment Filed by City of Miami and Metropolitan Dade County Water and Sewer Authority." The summary judgment motions were directed to a single issue raised in Count I of the City's multi-count complaint and in the cross-claim filed by WASA. Several claims raised in the City's complaint remain pending. Finding that the order appealed is not a final, appealable order, we do not reach the merits of the trial court's ruling.
The parties sought a determination as to the validity of a Dade County ordinance abolishing WASA and creating a Dade County department under the direction of the County Manager for operation of a countywide water and sewer system. In the order appealed, the trial court ruled in favor of Dade County, finding that the ordinance was properly enacted pursuant to the power vested in Dade County under the Dade County Home Rule Charter.
In determining the finality of an order, judgment, or decree, the test employed by the appellate court is whether the order appealed constitutes an end to the judicial labor in the trial court, and nothing further remains to be done to terminate the dispute between the parties directly affected. S.L.T. Warehouse Co. v. Webb, 304 So.2d 97 (Fla.1974); SCI, Inc. v. Aneco Co., 410 So.2d 531 (Fla. 2d DCA 1982). Generally, piecemeal appeals will not be permitted where claims are legally interrelated, involve, in substance, the same transaction, and where the same parties remain in the lawsuit. S.L.T. Warehouse Co.; SCI, Inc.; Collins v. Hunt, 404 So.2d 375 (Fla. 4th DCA 1981). Cf. Fla.R.App. P. 9.110(k) (). An exception to this general rule appears in Mendez v. West Flagler Family Association, ...
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