SHARON RAE WILLIAMSON, FORMERLY KNOWN AS SHARON R. STUDLEY, INDIVIDUALLY AND AS TRUSTEE OF GAINESVILLE COUNTRY VILLAGE LAND TRUST, PETITIONER,
v.
BRADFORD C. BANTA, AS TRUSTEE OF THE BRADFORD C. BANTA REVOCABLE TRUST DATED FEBRUARY 5, 1990; IN HIS OWN RIGHT AND IN THE RIGHT OF GAINESVILLE COUNTRY VILLAGE, L.C., A FLORIDA LIMITED LIABILITY COMPANY, RESPONDENT
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A Florida appellate court granted a petition for certiorari and quashed the portion of a trial court's partial summary judgment that included language allowing execution to issue. The court held that a trial court cannot permit execution on a judgment while other matters in the case remain pending and undecided.
The court quashed the portion of the partial summary judgment authorizing execution to issue. The inclusion of execution language in a partial summary judgment while other matters remain pending departs from the essential requirements of law and causes material injury that cannot be remedied on appeal. The court declined to address the settlement agreement interpretation issue, finding it could be addressed on appellate review after all matters are adjudicated.
[1] A trial court departs from the essential requirements of law by including language allowing execution to issue on a partial summary judgment when other matters remain pen…
[2] A petition for writ of certiorari may be granted to quash a trial court's order that departs from the essential requirements of law and causes material injury not remedia…
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Join FLexlaw to unlock all legal intelligence“the trial court's inclusion of the execution language departed from the essential requirements of the law and caused a material injury that cannot be remedied on appellate review”
Establishes the core holding that execution language in partial judgments with pending matters causes non-remediable harm warranting certiorari relief
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Join FLexlaw to unlock all legal intelligenceThe parties entered into a settlement agreement in a dispute involving property interests. The trial court entered a partial summary judgment awarding…
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In this petition for writ of certiorari, Petitioner argues the trial court’s partial summary judgment for monetary damages should be quashed on two grounds. In particular, Petitioner asserts the trial court departed from the essential requirements of law, causing material injury, not remediable on appeal by (1) entering a summary judgment concerning the parties’ settlement agreement where a material issue of fact existed as to the correct interpretation of that agreement; and (2) including the language “upon which let execution issue” in the partial summary judgment. We decline to address Petitioner’s first issue because the correct interpretation of the parties’ settlement agreement may be addressed on appellate review after all matters have been adjudicated. Respondent concedes, and we agree, however, that the trial court’s inclusion of the execution language departed from the essential requirements of the law and caused a material injury that cannot be remedied on appellate review. See Millennium Group I, L.L.C. v. Attorneys Title Ins. Fund, Inc., 847 So.2d 1115, 1116-17 (Fla. 1st DCA 2003) (holding trial court erred as matter of law by letting execution issue on defendant’s counterclaim when original claim remained pending); Baumann v. Intracoastal Pac. Ltd. P’ship, 619 So.2d 403, 404 (Fla. 3d DCA 1993) (holding partial summary judgment order directing disbursement of funds before disposition of all matters was improper). Accordingly, we GRANT Petitioner’s petition, in part, and QUASH the portion of the trial court’s partial summary judgment which allows execution to issue on the judgment.
KAHN, BENTON, and CLARK, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Investacorp, Inc. v. Evans, 88 So. 3d 248 (Fla. 3d DCA 2011)…consider the interrelated civil theft count, the partial judgment awarding damages on the conversion count improperly contains the language of finality “for which let execution issue, forthwith.” See Rothermel, 24 So. 3d at 665; Williamson v. Banta, 22 So. 3d 152 (Fla. 1st DCA 2009); Molina, 824 So. 2d at 964; see also Millennium Group I, L.L.C. v. Attorneys Title Ins. Fund, Inc., 847 So. 2d 1115, 1116-17 (Fla. 1st DCA 2003). Cf. Haven Ctr., Inc. v. Meruelo, 22 So. 3d 849 (Fla. 3d DCA 2009). Accordingly, we…
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Mohler v. Elliott, 332 So. 3d 1120 (Fla. 2d DCA 2022)…., LLC v. Hoffman, 210 So. 3d 251, 251 (Fla. 2d DCA 2017) ("Because the order is a nonfinal, nonappealable order but authorizes execution, it departs from the essential requirements of law." (citing E. Ave., 136 So. 3d at 665)); Williamson v. Banta, 22 So. 3d 152, 152 (Fla. 1st DCA 2009) ("[T]he trial court's inclusion of the execution language departed from the essential requirements of the law and caused a material injury that cannot be remedied on appellate review."). As succinctly stated by the Third Di…
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Seminole Cnty. Gov't & Johns E. Co., Inc. v. Kimmel, 36 So. 3d 930 (Fla. 1st DCA 2010)…ts or temporary partial disability benefits, as illustrated by the sentence, “Jurisdiction is reserved if the parties are not able to administrative calculate the type and amount of indemnity awarded.” See Life Care Ctr. of Winter Haven v. Benjamin, 22 So. 3d 152 (Fla. 1st DCA 2009) (dismissing appeal where JCC reserved jurisdiction on litigated issue and directed parties [*931] to administratively determine additional facts and calculate the benefits thereon). DISMISSED. WOLF, BENTON, and PADOVANO, JJ.,…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hartzog v. NEW York Yankees & TIG Ins., 847 So. 2d 1115 (Fla. 1st DCA 2003)
- Baumann v. Intracoastal Pac. Ltd. P'ship, 619 So. 2d 403 (Fla. 3d DCA 1993)