BRIDGE GOLDE,
v.
PIX REALTY, LP,
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The appellate court dismissed an appeal of a circuit court's order denying a tenant's motion to strike a landlord's late-filed answer brief. The court found the order was not a final appealable order and did not fit any exceptions for non-final appealable orders.
No, the appellate court does not have jurisdiction to review the circuit court's order because it is not a final appealable order and does not fall into any of the categories of non-final appealable orders permitted by the Florida Rules of Appellate Procedure.
[1] An order denying a motion to strike and object to the late filing of an answer brief in a circuit appellate proceeding is not a final appealable order.
[2] District Courts of Appeal have appellate jurisdiction to review only those non-final trial court orders enumerated in Rule 9.130 of the Florida Rules of Appellate Procedu…
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Join FLexlaw to unlock all legal intelligence“The Order is not a final appealable order and does not fall into one of the categories of non-final appealable orders set forth in Rule 9.130 of the Florida Rules of Appellate Procedure.”
Establishes the primary reason for dismissal: the order is not appealable.
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Join FLexlaw to unlock all legal intelligenceA tenant appealed a county court's final judgment of possession in favor of the landlord. In the subsequent circuit court appellate proceeding, the te…
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LINDSEY, J.
This appeal stems from a commercial eviction of a tenant brought under Chapter 83 of the Florida Statutes for nonpayment of rent. The County Court entered a Final Judgment of Possession in favor of Appellee, the landlord, and against Appellant, the tenant. Appellant took an appeal of the County Court’s final judgment to the Circuit Appellate Division of the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. In the circuit appellate proceeding, Appellant filed a motion styled, Motion to Strike and Objection to Late Filing of Answer Brief. The Circuit Court entered its Order Denying the Motion (the “Order”), which is the subject of this appeal. The Order is not a final appealable order and does not fall into one of the categories of non-final appealable orders set forth in Rule 9.130 of the Florida Rules of Appellate Procedure. As such, we dismiss for lack of jurisdiction.1 See Local Door Coupons Franchise, Inc. v. Mayers, 261 So. 3d 726, 728 (Fla. 3d DCA 2018) (“This Court has appellate jurisdiction to review only those non-final trial court orders scheduled in Florida Rule of Appellate
Procedure 9.130(a)(3)”); Jenne v. Maranto, 825 So. 2d 409, 413 (Fla. 4th DCA 2002) (“The enumerated categories of permissible nonfinal review stated in rule 9.130 must be limited to their plain meaning. The rule does not authorize judges to enlarge its provisions to permit review of nonfinal orders not specified within its provisions.” (citation omitted)). Dismissed.
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Citator
Authorities Cited
- Jenne v. Maranto, 825 So. 2d 409 (Fla. 4th DCA 2002)
- Hayman v. State, 634 So. 2d 1097 (Fla. 2d DCA 1994)