DESMOND F. BALLARD AND NILES B. WHITTEN
v.
BANK OF AMERICA, N. A.
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A trial court's sanction order imposing monetary penalties is immediately appealable, but orders concerning discovery disputes and judicial default are nonfinal and nonappealable orders lacking subject matter jurisdiction.
[1] An order imposing monetary sanctions is a final, appealable order within the appellate court's jurisdiction, while orders addressing discovery disputes and judicial defau…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[T]he list of appealable nonfinal orders in [rule 9.130] is intended to be exhaustive.”
Court explaining why discovery disputes and default rulings cannot be reviewed on appeal because they do not fall within the statutory list of appealable nonfinal orders.
Ballard appealed from circuit court orders in a civil proceeding that addressed discovery disputes, imposed sanctions of $11,728.67, and effectuated a…
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PER CURIAM.
Desmond Ballard seeks review of orders that effectuated several rulings concerning discovery disputes, sanctions, and a judicial default in the course of a civil proceeding. With respect to the circuit court's rulings on the contested discovery issues and judicial default, these are nonappealable, nonfinal orders, and so we cannot exercise our appellate jurisdiction to consider them. See Fla. R. App. P. 9.130; Hitt v.
Homes & Land Brokers, Inc., 993 So. 2d 1162, 1165 (Fla. 2d DCA 2008) ("[T]he list of appealable nonfinal orders in [rule 9.130] is intended to be exhaustive."). We also conclude that the discovery and default rulings are not reviewable through certiorari.
See Capital One, N.A. v. Forbes, 34 So. 3d 209, 212 (Fla. 2d DCA 2010); First
Paradee, Ltd. v. Jones, 828 So. 2d 483, 485 (Fla. 2d DCA 2002). Accordingly, we dismiss the appeal as it pertains to those rulings. With respect to the portion of the order that imposes sanctions in the total amount of $11,728.67 to be paid within thirty days from the entry of the circuit court's order, we do have jurisdiction to review that ruling and affirm it without comment. See Burt v. SP Healthcare Holdings, LLC, 163 So. 3d 1274, 1276-77 (Fla. 2d DCA 2015); Griffith v. Ramzey's A Plus, Inc., 186 So. 3d 629,
630 (Fla. 5th DCA 2016); J.P. Morgan Chase Bank v. Combee, 883 So. 2d 330, 331 (Fla. 1st DCA 2004).
Affirmed in part; dismissed in part.
KHOUZAM, LUCAS, and ATKINSON, JJ., Concur.
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Authorities Cited
- J P Morgan Chase Bank v. Combee, 883 So. 2d 330 (Fla. 1st DCA 2004)
- Cap. ONE, N.A. v. Forbes, 34 So. 3d 209 (Fla. 2d DCA 2010)
- Hitt v. Homes & Land Brokers, Inc., 993 So. 2d 1162 (Fla. 2d DCA 2008)
- Carlton Fields Jorden Burt v. SP Healthcare Holdings, LLC, 163 So. 3d 1274 (Fla. 2d DCA 2015)
- Foeley v. State, 828 So. 2d 483 (Fla. 2d DCA 2002)
- First Paradee, Ltd. v. Jones, 828 So. 2d 483 (Fla. 2d DCA 2002)
- Griffith v. Ramzey's A Plus, Inc., 186 So. 3d 629 (Fla. 5th DCA 2016)