WEBBER COMMERCIAL PROPERTIES, LLC
v.
MAMA VAGNE ENTERPRISES, INC., MD ZAHIRUL HAQUE BHUIYUAN, SHAR FARAJ, SYED S. ALAM, AND TAMMANA C. AHMED
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A nonfinal order determining the amount of rent owed is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii), which limits interlocutory appeals to orders determining the right to immediate possession of property.
[1] An order determining the amount of rent owed or the amount of a debt is not an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii), whi…
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“the categories of non-final orders subject to interlocutory appeal are narrowly construed”
From Walker v. Fla. Gas Transmission Co., LLC, cited by the court to establish the principle that rule 9.130 is narrowly applied.
Webber Commercial Properties, LLC appealed a nonfinal trial court order addressing both its summary proceedings for possession and the appellees' moti…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-0396 Lower Tribunal No. 2024-CA-002863
WEBBER COMMERCIAL PROPERTIES, LLC, Appellant,
V.
MAMA VAGNE ENTERPRISES, INC., MD ZAHIRUL HAQUE BHUIYUAN, SHAR FARAJ, SYED S. ALAM, and TAMMANA C. AHMED, Appellees.
Appeal from the Circuit Court for Lee County. Michael T. McHugh, Judge.
May 1, 2026
PER CURIAM.
Webber Commercial Properties, LLC appeals the trial court's nonfinal order on its summary proceedings for possession and Appellees' motion to determine rents. We affirm the parts of the order on Appellant's summary proceedings for possession without further discussion. As to the challenge to the parts of the order on Appellees' motion to determine rents, we dismiss for lack of jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(ii) ("Appeals to the district courts of appeal of nonfinal orders are limited to those that ... determine the right to immediate
possession of property."); Aqua Bay Luxury Apartments, Inc. v. Ivory at Bay Harbour, LLC, 406 So. 3d 1100, 1101 (Fla. 3d DCA 2025) (dismissing for lack of jurisdiction the appeal of an order on a motion to determine rents because the order is not enumerated in rule 9.130(a)(3) and was not the basis for the issuance of the writ of possession); see also Walker v. Fla. Gas Transmission Co., LLC, 134 So. 3d 571, 572 (Fla. 1st DCA 2014) ("[T]he categories of non-final orders subject to interlocutory appeal are narrowly construed." (citing Travelers Ins. Co. v. Bruns, 443 So. 2d 959, 961 (Fla. 1984))); Greene v. Borsky, 961 So. 2d 1057, 1058–60 (Fla. 4th DCA 2007) (Farmer, J., dissenting) (analyzing rule 9.130(a)(3)(C)(ii) and concluding that it applied only to orders determining the right to immediate possession of tangible personal property or real property, not to orders determining the amount of a debt).
AFFIRMED in part; DISMISSED in part.
STARGEL, WHITE and KAMOUTSAS, JJ., concur.
Brian D. Zinn, of Zinnlaw, PLLC, Fort Myers, for Appellant.
Jack C. Morgan, III, of Aloia Roland Lubell & Morgan PLLC, Fort Myers, for Appellees, Mama Vagne Enterprises, Inc., MD Zehirul Haque Bhauiyuan, Syed S. Alam, and Tammana C. Ahmed.
Matthew S. Toll, of Toll Law, Cape Coral, for Appellee, Shar Faraj.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
2
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Citator
Cited By
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Webber Commercial Props., LLC v. Mama Vagne Enters., Inc. (Fla. 6th DCA 2026)
Authorities Cited
- Travelers Ins. Co. v. Bruns, 443 So. 2d 959 (Fla. 1984)
- Brown v. Captain James R. Woodard, 961 So. 2d 1057 (Fla. 1st DCA 2007)
- Webber Commercial Props., LLC v. Mama Vagne Enters., Inc. (Fla. 6th DCA 2026)