JERRY W. COUCH, GLENDA M. COUCH, AND BEVERLY TODD, APPELLANTS,
v.
TROPICAL BREEZE RESORT ASSOCIATION, INC., SHORE LINE GROUP, LTD., GULF TROPICS LTD., INC., GERALD HATAWAY, HARRY ROSENTHAL, GEORGE SCHWEIKERT, AND JOEL PATE, APPELLEES
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The appellants sought review of an order they claimed was a final judgment, but the court dismissed the appeal for lack of jurisdiction because the order was not final. Multiple counts remained unadjudicated and punitive damages issues were reserved for future proceedings, indicating the case was still ongoing.
The order is not final and the appeal lacks jurisdiction because related claims remain pending and judicial labor with regard to punitive damages issues persists. The order cannot be deemed final under the McGum standard because substantive claims remain and extensive judicial work is incomplete.
[1] An order is not final and appealable if related substantive claims remain pending and unadjudicated.
[2] An order reserving jurisdiction to hold a trial on the issue of punitive damages is not a final order.
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Join FLexlaw to unlock all legal intelligence“The order is not final because related claims remain pending. Specifically, Counts I through VI, VIII, and X through XIII are not adjudicated by the order on appeal.”
Establishes the primary basis for dismissal—multiple counts were never addressed by the lower court order
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Join FLexlaw to unlock all legal intelligenceAppellants Jerry W. Couch, Glenda M. Couch, and Beverly Todd appealed an order against various appellees including Tropical Breeze Resort Association …
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PER CURIAM.
The appellants have sought review of an order captioned as a Final Judgment. However, the order is not final because related claims remain pending. Specifically, Counts I through VI, VIII, and X through XIII are not adjudicated by the order on appeal. Moreover, although the order appears to adjudicate the merits of Counts VII and IX, it reserves jurisdiction to hold a trial on the issue of punitive damages. Judicial labor with regard to the related issue of punitive damages on Counts VII and IX remains pending, and the order is consequently nonfinal. Accordingly, the appeal is hereby dismissed for lack of jurisdiction. See Raymond James & Associates, Inc. v. Godshall, 851 So. 2d 879 (Fla. 1st DCA 2003); see also S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla.1974). The appellants suggest that the order should be “deemed” final pursuant to McGum v. Scott, 596 So. 2d 1042 (Fla.1992). Recently, this Court limited application of McGum to orders that otherwise appear to be ordinary final money judgments except for an improper reservation of jurisdiction to consider prejudgment interest, specifically. See Godshall, 851 So. 2d at 881. However, McGum and Godshall are both distinguishable from the present appeal because it is clear that related substantive claims remain pending in the form of Counts I through VI, VIII, and X through XIII, as well as the issue of punitive damages as to Counts VII and IX. It appears at this time that extensive judicial labor remains. Accordingly, the appellant’s request that the Court certify a question of great public importance to the Florida Supreme Court is denied.
The appellants’ motion for extension of time to file the initial brief is denied as moot.
DISMISSED.
ALLEN, DAVIS and HAWKES, JJ., concur.
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E. Ave., LLC v. Insignia Bank, 136 So. 3d 659 (Fla. 2d DCA 2014)…ause, it said, McGum was limited to review of orders reserving jurisdiction to award prejudgment interest. Godshall, 851 So. 2d at 880; see also Conti v. B & E Holdings, LLC, 61 So. 3d 1272 (Fla. 1st DCA 2011); Couch v. Tropical Breeze Resort Ass’n, 867 So. 2d 1219 (Fla. 1st DCA 2004). appeal, the premature notice of appeal shall be considered effective to vest jurisdiction in the court to review the final order. Before dismissal, the court in its discretion may permit the lower tribunal to render a final ord…
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Conti v. B & E Holdings, LLC, 61 So. 3d 1272 (Fla. 1st DCA 2011)…on, which was brought against the appellants and other defendants in a separate count of the complaint. Therefore, the order is not final. Cf. Caufield v. Cantele, 837 So. 2d 371, 375 (Fla.2002); see also Couch v. Tropical Breeze Resort Assn., Inc., 867 So. 2d 1219 (Fla. 1st DCA 2004); Raymond James & Assocs., Inc. v. Godshall, 851 So. 2d 879 (Fla. 1st DCA 2003). The appellants argue the order is appealable as a partial final judgment under Florida Rule of Appellate Procedure 9.110(k). However, the order doe…
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Bishop v. State Farm Fla. Ins. Co., 923 So. 2d 1235 (Fla. 1st DCA 2006)…ioned “Final Judgment on Default,” entered on August 9, 2005, reserved jurisdiction to address unliquidated damages and prejudgment interest. Therefore, the Final Judgment on Default is not a final order. Couch v. Tropical Breeze Resort Ass’n, Inc., 867 So. 2d 1219 (Fla. 1st DCA 2004) (recognizing reservation of jurisdiction over substantive claims renders order captioned as a Final Judgment nonfinal). Because this underlying order is not final, the motion seeking to set aside the Final Judgment on Default was…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- S. L. T. Warehouse Co. v. Wilmott Webb, 304 So. 2d 97 (Fla. 1974)
- McGURN v. Scott, 596 So. 2d 1042 (Fla. 1992)
- Raymond James & Assocs., Inc. v. Godshall, 851 So. 2d 879 (Fla. 1st DCA 2003)