SKYBUS JET CARGO, INC.,
v.
ACA INTERNATIONAL, LLC,
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An unelaborated order denying a motion to dismiss that states only a failure to state a cause of action is not an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3).
[1] In determining whether an appellate court has jurisdiction to review a nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3), the court examines only the f…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“this Court looks to the four corners of the challenged order, not the arguments made in the underlying motion”
The court explained its standard for determining appellate jurisdiction over nonfinal orders under Rule 9.130(a)(3).
Skybus Jet Cargo, the defendant below, filed a motion to dismiss ACA International's complaint. The trial court denied the motion by unelaborated orde…
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PER CURIAM.
Appellant Skybus Jet Cargo, Inc. (“Jet Cargo”), the defendant below, seeks appellate review of the trial court’s July 22, 2022 nonfinal order that summarily denied its July 14, 2022 motion to dismiss the complaint filed by the plaintiff below, appellee ACA International, LLC (“ACA”).
Jet Cargo’s notice of appeal alleges that this Court has appellate jurisdiction to review the nonfinal order pursuant to Florida Rules of Appellate Procedure 9.130(a)(3)(A) and (a)(3)(C)(i).
While ACA has not filed a motion to dismiss Jet Cargo’s appeal with this Court, before reaching the merits of any appeal, we are required to conduct an independent jurisdictional inquiry. See City of Sweetwater v. Pichardo, 314 So. 3d 540, 542 (Fla. 3rd DCA 2020).
Because the trial court’s unelaborated order denying Jet Cargo’s dismissal motion is not contained in Florida Rule of Appellate Procedure 9.130(a)(3)’s schedule of appealable, nonfinal orders, we lack appellate jurisdiction to review the challenged order and, therefore, we dismiss this appeal.1
reflect any other rationale for the motion that, if it had been properly reflected in the challenged order, would form a permissible basis for us to exercise appellate jurisdiction under rule 9.130(a)(3).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Truist Bank v. DE Posada, 307 So. 3d 824 (Fla. 3d DCA 2020)
- The City of Sweetwater v. Pichardo, 314 So. 3d 540 (Fla. 3d DCA 2020)