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Brooks v. AvMed, Inc.

Citations: 927 So. 2d 230; 2006 Fla. App. LEXIS 6594; 2006 WL 1154811Docket: No. 2D05-4247

Court: District Court of Appeal of Florida; May 3, 2006; Florida; State Appellate Court

Narrative Opinion Summary

Cynthia L. Brooks appeals an order that dismissed two of the three counts in her complaint against AvMed, Inc. The court determined that the dismissed counts were not separate, distinct causes of action but were interdependent with the remaining count. Consequently, the appeal must be dismissed based on precedents from Florida case law, specifically citing Fla. Lifestyles Realty, Inc. v. Goodwin and Pellegrino By and Through Pellegrino v. Horwitz. The appeal was dismissed with Judges Davis and LaRose concurring.

Legal Issues Addressed

Dismissal of Appeal Based on Precedent

Application: The appeal was dismissed in accordance with Florida case law precedents, demonstrating the importance of precedent in appellate decisions.

Reasoning: Consequently, the appeal must be dismissed based on precedents from Florida case law, specifically citing Fla. Lifestyles Realty, Inc. v. Goodwin and Pellegrino By and Through Pellegrino v. Horwitz.

Interdependence of Causes of Action

Application: The court found that the dismissed counts in the complaint were not independent causes of action but were interdependent with the remaining count, leading to the dismissal of the appeal.

Reasoning: The court determined that the dismissed counts were not separate, distinct causes of action but were interdependent with the remaining count.