JULIE ZALLOUM AND SAM ZALLOUM
v.
SELECT PORTFOLIO SERVICING, INC., ET AL.
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An order denying a motion to dismiss an appeal without opinion is an interlocutory ruling that may be revisited by the merits panel.
[1] An order denying a motion to dismiss an appeal without opinion is an interlocutory ruling that may be revisited and reconsidered by the merits panel.
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Join FLexlaw to unlock all legal intelligence“an order which denies a motion to dismiss the appeal without opinion is an interlocutory ruling which may be revisited by the merits panel”
Court explaining its authority to reconsider the prior denial of the motion to dismiss
Julie and Sam Zalloum appealed a circuit court decision in Volusia County. Select Portfolio Servicing, Inc. moved to dismiss the appeal, which was den…
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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
Case No. 5D19-3006 JULIE ZALLOUM AND SAM ZALLOUM, Appellants, v. SELECT PORTFOLIO SERVICING, INC., ET AL, Appellees. _______________________________________/ Opinion filed March 19, 2021 Appeal from the Circuit Court for Volusia County, Randell H. Rowe, III, Judge Julie Zalloum, Debary, Zalloum, Enterprise, pro se. Bradley W. Crocker and Benjamin
B. Brown, of Quarles & Brady
LLP, Tampa, for Appellee, Select Portfolio Servicing, Inc. No Appearance for Other Appellees.
PER CURIAM.
and Sam
2 Having thoroughly reviewed the record together with the briefs filed, we dismiss this appeal as moot. In doing so, we recognize that an order was previously entered in this case denying Appellee’s motion to dismiss the appeal. However, “an order which denies a motion to dismiss the appeal without opinion is an interlocutory ruling which may be revisited by the merits panel,” State v. Bryant, 901 So. 2d 381, 382 (Fla. 3d DCA 2005) (citing Hialeah Hotel, Inc v. Woods, 778 So. 2d 314, 315 (Fla. 3d DCA 2000)),1 which we have done here.
APPEAL DISMISSED.
LAMBERT, TRAVER and NARDELLA, JJ., concur. 1 In its answer brief, Appellee renewed its argument raised in its earlier motion to dismiss the appeal for mootness.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hialeah Hotel, Inc. v. Woods, 778 So. 2d 314 (Fla. 3d DCA 2000)
- State v. Cleveland Bryant, 901 So. 2d 381 (Fla. 3d DCA 2005)