concurring in part and dissenting in part:
Except as to the appealability of the final order dismissing Count IV of the counterclaim with prejudice I concur in the majority’s opinion. As to the final order dismissing Count IV of the counterclaim with prejudice I would allow the appeal to proceed for determination of the issue raised. Mendez v. West Flagler Family Hospital Association, Inc., 303 So.2d 1 (Fla.1974).