MARIE M. FIOCCHI AND EDWARD FIOCCHI, APPELLANTS,
v.
RALPH TRAINELLO, APPELLEE
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PER CURIAM.
This is an appeal of a non-final order wherein the trial court denied appellants’ motion to dismiss for lack of subject matter and personal jurisdiction. We affirm in part and dismiss in part.
Appellants’ first motion to dismiss filed on March 22, 1990, asserted only the issue of the statute of limitations. The trial court denied that motion. However, appellants then filed a second motion on April 13, 1990, raising for the first time the issue of personal jurisdiction and subject matter jurisdiction. We conclude that the trial court properly denied this second motion since appellants waived the issue by not raising it in their initial motion to dismiss. Zimmerman v. Weinberg, 557 So. 2d 193 (Fla. 4th DCA 1990); Joannou v. Corsini, 543 So. 2d 308 (Fla. 4th DCA 1989). Further, an appeal of an order denying subject matter jurisdiction does not come within the purview of rule 9.130(a)(3)(C)(i) and is a non-final nonappealable order. Warren v. Southeastern Leisure Systems, Inc., 522 So. 2d 979 (Fla. 1st DCA 1988). Thus, we dismiss that part of the appeal. Accordingly, we affirm point I in part and dismiss in part and affirm point II on appeal.
DOWNEY, WARNER and POLEN, JJ., concur.
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Hitt v. Homes & Land Brokers, Inc., 993 So. 2d 1162 (Fla. 2d DCA 2008)…nty.2 We are without jurisdiction to review this issue. Florida Rule of Appellate Procedure 9.130(a)(3) lists the categories of nonfinal orders that may be appealed. Subject matter jurisdiction is not one of the categories. See Fiocchi v. Trainello, 566 So. 2d 904, 904 (Fla. 4th DCA 1990) (“[A]n appeal of an order [on a motion to dismiss] denying subject matter jurisdiction does not come within the purview of rule 9.130(a)(3)(C)(i) and is a nonfinal non-appealable order.”). Furthermore, the list of appealable…
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Snider v. Metcalfe, 157 So. 3d 422 (Fla. 4th DCA 2015)…t’l Ass’n, 117 So. 3d 823, 824 (Fla. 4th DCA 2013) [*426] (citing Babcock v. Whatmore, 707 So. 2d 702, 704 (Fla.1998)). The cases Appellant offers in support of his waiver argument are all distinguishable on the facts. In both Fiocchi v. Trainello, 566 So. 2d 904 (Fla. 4th DCA 1990), and Zimmerman v. Weinberg, 557 So. 2d 193 (Fla. 4th DCA 1990), the defendants waived their challenges to personal jurisdiction where they filed initial motions in the case without asserting the defense, obtained a ruling on thei…
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Minervini v. Bankunited, 133 So. 3d 1243 (Fla. 4th DCA 2014)…PER CURIAM. We dismiss for lack of jurisdiction that portion of the appeal challenging the trial court’s denial of appellant’s motion to dismiss for lack of subject matter jurisdiction. See Fiocchi v. Trainello, 566 So. 2d 904, 904 (Fla. 4th DCA 1990) (“[A]n appeal of an order denying subject matter jurisdiction does not come within the purview of rule 9.130(a)(3)(C)(i) and is a non-final non-appealable order.”). We affirm without comment the other issues raised on appeal…
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- Joannou v. Corsini, 543 So. 2d 308 (Fla. 4th DCA 1989)
- Warren v. Se. Leisure Sys., Inc., 522 So. 2d 979 (Fla. 1st DCA 1988)
- Zimmerman v. Weinberg, 557 So. 2d 193 (Fla. 4th DCA 1990)