SUNTECH PLUMBING AND MECHANICAL CORP.,
v.
BELLA ISLA, LLC, ET AL.,
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court dismissed Suntech Plumbing's appeal because the trial court's order dismissing the lawsuit without prejudice and compelling arbitration was not a final or appealable nonfinal order. Suntech's claims against Civic Construction were subject to arbitration, but its appeal focused on the procedural dismissal rather than the merits of the arbitration.
The appellate court lacked jurisdiction to consider the appeal because the order of dismissal without prejudice is neither a final order nor an appealable nonfinal order. Suntech failed to establish irreparable harm for certiorari review.
[1] An order dismissing a complaint without prejudice is generally not a final order and is therefore not appealable.
[2] Appellate courts lack jurisdiction to consider appeals of nonfinal orders that do not fall under specific exceptions for interlocutory review.
Previewing 2 of 4 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“Because the trial court’s order of dismissal, however, is neither a final order nor an appealable nonfinal order we lack jurisdiction to consider Suntech’s appeal of the dismissal order.”
Establishes the primary reason for dismissing the appeal.
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Join FLexlaw to unlock all legal intelligenceSuntech Plumbing filed a lawsuit against Civic Construction and Bella Isla. The trial court dismissed the lawsuit without prejudice and ordered Suntec…
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LOGUE, J.
Suntech Plumbing and Mechanical Corp. appeals the trial court’s order dismissing its lawsuit against Civic Construction Company, Inc. and Bella Isla, LLC without prejudice and ordering Suntech and Civic Construction to participate in binding arbitration.
On appeal, Suntech does not dispute that its claims against Civic Construction are subject to arbitration pursuant to the terms of the parties’ contract.
Instead, Suntech argues the trial court erred in dismissing its lawsuit against Civic Construction and Bella Isla rather than staying the lawsuit, and further argues that its lien foreclosure claim against Bella Isla should not have been stayed pending the outcome of the arbitration with Civic Construction.
Because the trial court’s order of dismissal, however, is neither a final order nor an appealable nonfinal order we lack jurisdiction to consider Suntech’s appeal of the dismissal order.
See generally U.S. Bank Nat. Ass’n v. Rodriguez, 206 So. 3d 734, 736 (Fla. 3d DCA 2016) (“Generally, when an order dismisses a complaint ‘without prejudice,’ that language signifies that the order is not a final order.”); Diversicare Mgmt. Servs. Co. v. Estate of Catt ex rel. Cook, 267 So. 3d 560, 562–63 (Fla. 2d DCA 2019) (holding that Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) does not permit interlocutory review of issues relating to collateral matters); A.G. Edwards & Sons, Inc. v. Wilson, 523 So. 2d 1150, 1151 (Fla. 2d DCA 1987) (same).
C.f. Gomez v. S & I Properties, LLC, 220 So. 3d 539 (Fla.3d DCA 2017) (dismissing appeal of nonfinal order denying motion to dismiss based on an arbitration clause in the parties’ contract because order did not determine entitlement to arbitrate and thus District Court of Appeal lacked jurisdiction to consider appeal).
Suntech alternatively seeks certiorari review of the trial court’s order of dismissal; however, the trial court’s order expressly retained jurisdiction to enforce any arbitration award and to reinstate Suntech’s lien foreclosure claim against Bella Isla should arbitration not resolve the matter.
Suntech has therefore failed to establish irreparable harm necessitating exercise of our certiorari jurisdiction.
Dismissed.
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- U.S. Bank Nat'l Ass'n v. Rodriguez, 206 So. 3d 734 (Fla. 3d DCA 2016)
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