
    BRENDAN COVE, LTD., a Florida Limited Partnership, Appellant, v. EMRICH INVESTMENTS, INC., a Florida Corporation, and Michael Emrich, Appellees.
    No. 2D01-5728.
    District Court of Appeal of Florida, Second District.
    Nov. 8, 2002.
    Gregory N. Woods and Joshua M. Bia-lek of Porter, Wright, Morris & Arthur, LLP, Naples, for Appellant.
    Henry Paul Johnson and John 0. McGowan of Law Offices of Henry Paul Johnson, P.A., Naples, for Appellees.
   WHATLEY, Judge.

We affirm the trial court’s order dismissing the third amended counterclaim and the third amended third party claim with prejudice for failure to state a cause of action. However, we note that matters remain pending in the trial court, and this opinion does not establish the law of the case for those remaining legal and factual issues.

ALTENBERND and SILBERMAN, JJ., Concur.  