DAISHA ERVIN
v.
SERGIO A. ALVAREZ, M.D., ET AL.
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Appellant Daisha Ervin appealed summary judgment orders from the trial court, but the appeal was dismissed for lack of appellate jurisdiction because a remaining count of her complaint was still pending in the lower court, making the orders non-final.
The appellate court lacks jurisdiction to review the challenged summary judgment orders because Count VIII remains pending. The purported voluntary dismissal of Count VIII was ineffectual and a nullity because it was filed after the summary judgment hearing, and therefore the orders are non-final.
“this purported dismissal was ineffectual, and is a nullity, because it was filed after the trial court's June 29, 2023 summary judgment hearing”
Establishes that voluntary dismissals filed after a summary judgment hearing are invalid and have no effect
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Join FLexlaw to unlock all legal intelligenceAppellant filed a notice of appeal on August 8, 2023, challenging summary judgment orders from February 16, 2022 and July 6, 2023. These orders adjudi…
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PER CURIAM.
Appellant Daisha Ervin’s August 8, 2023 notice of appeal challenges summary judgment orders of both February 16, 2022 and July 6, 2023.1 Together with a July 11, 2022 order that appellant does not seek to appeal, these non-final orders adjudicated all but one count of appellant’s third and fourth amended complaints. While the record reflects that appellant attempted to voluntarily dismiss this remaining count (Count VIII of the fourth amended complaint) by filing a unilateral, July 17, 2023 notice of voluntary dismissal without prejudice, this purported dismissal was ineffectual, and is a nullity, because it was filed after the trial court’s June 29, 2023 summary judgment hearing. See Fla. R. Civ. P. 1.420(a)(1); Stonely v. Moore, 851 So. 2d 905, 906 (Fla. 3d DCA 2003). Count VIII, which is interrelated with the counts disposed of by the two summary judgment orders, remains pending, and therefore we lack appellate jurisdiction to review the challenged orders. Homeowners Choice Prop. & Cas. Ins. Co. v. Fraser, 346 So. 3d 228, 230 (Fla. 3d DCA 2022). Appeal dismissed.