Andrew Hawrych v. Peter Von Berg - Florida Appeals Court Ruling

FL District Court of Appeal Opinions

Filed March 13th, 2026

Detected March 14th, 2026

Summary

The Florida District Court of Appeal affirmed a partial summary judgment in the case of Andrew Hawrych v. Peter Von Berg, et al. The court also dismissed the remainder of the appeal against Peter Von Berg and Nutra-Luxe, M.D., LLC, finding the remaining claims were not separate and distinct from those already adjudicated.

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What changed

The Florida District Court of Appeal has issued a ruling in the case of Andrew Hawrych v. Peter Von Berg, et al. (Case No. 6D2024-1343). The court affirmed the trial court's partial summary judgment regarding claims against Yvonne Von Berg, Chaz Hatfield, and Lindy Hatfield Zinser. However, the appeal against Peter Von Berg and Nutra-Luxe, M.D., LLC was dismissed because the remaining claims were deemed not separate and distinct from those already decided, citing Florida Rule of Appellate Procedure 9.110(k).

This ruling means that the affirmed judgments are final as to Yvonne Von Berg, Chaz Hatfield, and Lindy Hatfield Zinser. The dismissal of the appeal against Peter Von Berg and Nutra-Luxe indicates that the case will proceed in the lower court for the unresolved claims. Legal professionals involved in this case should note the procedural basis for the dismissal and the affirmation, which impacts the scope of further proceedings and potential appeals.

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March 13, 2026 Get Citation Alerts Download PDF Add Note

Andrew Hawrych v. Peter Von Berg, Chaz Hatfield, Yvonne Von Berg, Lindy Hatfield Zinser and Nutra-Luxe M.D., LLC

District Court of Appeal of Florida

Citations: None known
Docket Number: 6D2024-1343
Disposition: Affirmed
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Affirmed

Combined Opinion

SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA

Case No. 6D2024-1343
Lower Tribunal No. 22-CA-003145

ANDREW HAWRYCH,

Appellant,
v.

PETER VON BERG, CHAZ HATFIELD, YVONNE VON BERG, LINDY HATFIELD ZINSER,
and NUTRA-LUXE, M.D., LLC,
Appellees.

Appeal from the Circuit Court for Lee County.
Leigh Frizzell Hayes, Judge.

March 13, 2026

PER CURIAM.

Dr. Andrew Hawrych appeals the trial court’s partial summary judgment on

four counts of his six-count complaint against Peter and Yvonne Von Berg, Chaz

Hatfield, Lindy Hatfield Zinser, and Nutra-Luxe, M.D., LLC. We affirm the trial

court’s judgment on the claims against Yvonne Von Berg, Chaz Hatfield, and Lindy

Hatfield Zinser without further comment because it is final as to those parties. See

Fla. R. App. P. 9.110(k) (stating that district courts of appeal have jurisdiction to
review partial final judgment if it “disposes of an entire case as to any party”). We

dismiss the remainder of this appeal against Peter Von Berg and Nutra-Luxe, though,

because the claims that remain outstanding before the trial court involve the same

parties and are not separate and distinct from the claims pending on appeal. See

Almacenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559, 562 (Fla. 3d

DCA 2015) (“Rule 9.110(k) provides for appellate jurisdiction to hear a partial final

judgment only when the claims adjudicated by that order are separate and

independent from the portion of the case still to be adjudicated.” (citations omitted));

Homeowners Choice Prop. & Cas. Ins. v. Fraser, 346 So. 3d 228, 229 (Fla. 3d DCA

2022) (“The decree and related order on appeal resolve only the declaratory

judgment count, leaving other related counts relying on the same factual nexus

unresolved.”).

AFFIRMED in part; DISMISSED in part.