NOOI KOE, ET AL., APPELLANTS,
v.
CITIZENS PROPERTY INSURANCE CORPORATION, APPELLEE
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Court dismissed appeals for lack of jurisdiction because orders dismissing declaratory judgment and reformation claims did not constitute appealable partial final judgments where interrelated claims remained pending.
Orders dismissing declaratory judgment and reformation claims are not appealable partial final judgments under Florida Rule of Appellate Procedure 9.110(k) when interrelated claims involving the same parties and facts remain pending.
[1] Orders dismissing interrelated claims based on the same facts and parties do not constitute appealable partial final judgments under Florida Rule of Appellate Procedure 9…
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Join FLexlaw to unlock all legal intelligenceAppellants sought to appeal trial court orders dismissing their declaratory judgment claims and reformation claim in consolidated cases involving Citi…
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Upon the Court’s own motion, we dismiss these two consolidated appeals for lack of jurisdiction. The trial court’s orders dismiss with prejudice the Appellants’ declaratory judgment claims and a reformation claim in the operative complaints. Appellants primarily rely on Florida Rule of Appellate Procedure 9.110(k) for the proposition that these orders are appealable as partial final judgments. However, contrary to the appellants’ contentions, these orders do not amount to partial final judgments under rule 9.110(k) because interrelated .claims involving the same parties and underlying facts in both cases remain pending below. Universal Underwriters Ins. Co. v. Stathopoulos, 113 So.3d 967, 959 (Fla. 2d DCA 2013) (“Because the amended complaint reflects that the three counts are based on the same facts and are intertwined, we conclude that allowing an appeal of the declaratory count at this stage would foster impermissible piecemeal review.”); Gonzalez v. Best Meridian Inter. Ins. Co., 12 So.3d 232 (Fla. 3d DCA 2009) (“Florida Rule 9.110(k) ‘only applies to partial judgments which are unrelated to the remaining portions of the case.’ ”) (citing Hallock v. Holiday Isle Resort & Marina, Inc., 886 So.2d 459, 461-62 (Fla. 3d DCA 2004)). We also find the appellants’ remaining arguments regarding jurisdiction to be without merit, and therefore, we decline to discuss them further.
Dismissed.
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Lifshultz v. THE 20 Condo. Ass'n, Inc., 300 So. 3d 1224 (Fla. 3d DCA 2020)…inct cause of action that is not interdependent with other pleaded claims. If a partial final judgment totally disposes of an entire case as to any party, it must be appealed within 30 days of rendition.”) See also Koe v. Citizens Prop. Ins. Corp., 225 So. 3d 983, 983 (Fla. 3d DCA 2017) (dismissing appeal and holding the orders were not appealable partial final judgments “because interrelated claims involving the same parties and underlying facts. . . remain pending below”); Herbits v. City of Miami, 197 So.…
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Authorities Cited
- Hallock v. Holiday Isle Resort & Marina, Inc., 885 So. 2d 459 (Fla. 3d DCA 2004)
- Universal Underwriters Ins. Co. v. Stathopoulos, 113 So. 3d 957 (Fla. 2d DCA 2013)