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MARINICH v. SPECIAL EDITION CUSTOM HOMES

No. 2D07-4293.

1 So.3d 1197 (2009)

Dennis MARINICH and Lillian Marinich, Appellants, v. SPECIAL EDITION CUSTOM HOMES, LLC; Sandpiper Pools & Spas of Bradenton, LLC; and Gerald Michael Allora, Appellees.

District Court of Appeal of Florida, Second District.

February 6, 2009.

Attorney(s) appearing for the Case

William A. Dooley of Dooley & Drake, P.A., Sarasota, for Appellants.

Maria Tomassi, John S. Vento, and Gregg E. Hutt of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Tampa, for Appellee Special Edition Custom Homes, LLC.

No appearance for Appellees Sandpiper Pools & Spas of Bradenton, LLC, and Gerald Michael Allora.

STRINGER, Judge.

Dennis and Lillian Marinich ("the Mariniches") seek review of the trial court's order granting Special Edition Custom Homes, LLC's, ("Special Edition") motion for summary judgment and entering judgment for Special Edition. We dismiss the appeal for lack of jurisdiction because an interrelated counterclaim remains pending below.

In the underlying action, the Mariniches sought a declaratory judgment regarding the legality of a contract for the...

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