SAFEPOINT INSURANCE COMPANY
v.
WALTER SCHMITZ
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A nonfinal order that merely stays an underlying action is not an appealable order and does not confer jurisdiction on the appellate court.
[1] An order staying a proceeding is not an appealable nonfinal order and does not confer jurisdiction on an appellate court to hear an appeal.
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Join FLexlaw to unlock all legal intelligenceSafePoint Insurance Company appealed a nonfinal order from the Circuit Court for Brevard County. The appellant characterized the order as granting inj…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
SAFEPOINT INSURANCE COMPANY,
Appellant,
v. Case No. 5D18-2054
WALTER SCHMITZ,
Appellee.
________________________________/
Opinion filed February 22, 2019
Nonfinal Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge.
Mihaela Cabulea, Curt Allen, and Anthony
J. Russo, of Butler Weihmuller Katz Craig,
LLP, Tampa, for Appellant.
Matthew G. Struble and Christine M. Deis, of Struble, P.A., Ft. Lauderdale, for Appellee.
PER CURIAM.
Having concluded, after full briefing, that the nonfinal order under review effectively is an order briefly staying the underlying action and not, as argued by Appellant, one granting injunctive relief, we dismiss this appeal for lack of jurisdiction. See Dep’t of Child. & Fams. v. L.D., 840 So. 2d 432, 434 (Fla. 5th DCA 2003) (recognizing that an order staying a proceeding is not an appealable nonfinal order (citing Perry v. Fireman’s Fund
Appeal dismissed without prejudice to either party addressing the merits of the order in a final appeal.
DISMISSED.
EVANDER, C.J., LAMBERT and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dep't OF Child. & Families v. L.D. and J.S., 840 So. 2d 432 (Fla. 5th DCA 2003)
- Perry v. Fireman's Fund Ins. Co. & David Ussery, 379 So. 2d 429 (Fla. 2d DCA 1980)