PENSACOLA BEACH, INC., AND DAVID A. BRANNEN, APPELLANTS,
v.
AMERICAN FIDELITY LIFE INSURANCE COMPANY, PENSACOLA BEACH, L.L.C., AND SANTA ROSA ISLAND AUTHORITY, APPELLEES
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The appellate court dismissed the appeal for lack of jurisdiction because the partial final judgment did not dispose of the entire case or a separate distinct cause of action, and the certiorari petition was filed one day late.
A partial final judgment that does not dispose of the entire case or a separate and distinct cause of action independent of other pleaded claims is not subject to immediate appellate review, and a certiorari petition filed beyond the thirty-day deadline is untimely.
[1] A partial final judgment that does not dispose of the entire case or a separate and distinct cause of action independent of other pleaded claims is not subject to immedia…
[2] A petition for writ of certiorari must be filed within thirty days of rendition of the order to be reviewed to invoke the appellate court's certiorari jurisdiction.
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Join FLexlaw to unlock all legal intelligencePensacola Beach, Inc. and David A. Brannen appealed a partial final judgment in favor of American Fidelity Life Insurance Company, Santa Rosa Island A…
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The Court has determined that the Partial Final Judgment in Favor of American Fidelity Life Insurance Company, Santa Rosa Island Authority, and Michael J. Stebbins is not one that disposes of the entire case as to any party or disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims. Fla. R. App. P. 9.110(k). Therefore, the order does not constitute a partial final judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k).
The Court declines to grant appellant’s request to review the Order Denying Motion to Stay Proceedings and the Order Imposing Sanctions and Striking Pleadings of Pensacola Beach, Inc., and David A. *1290Brannen by petition for writ of certiorari because the Court’s jurisdiction to do so was not invoked in a timely manner. In order to invoke the Court’s certiorari jurisdiction, a petition must be filed within thirty days of rendition of the order to be reviewed. Fla. R. App. P. 9.100(c)(1). The two orders of which appellant seeks certio-rari review were rendered on January 8, 2017. The notice of appeal was filed on February 8, 2017, the thirty-first day following rendition.
The appeal is dismissed for lack of jurisdiction.
ROBERTS, OSTERHAUS, and MX. THOMAS, JJ., CONCUR.
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