DANIELLE FORREY
v.
MARLIN CONSTRUCTION GROUP, LLC
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Danielle Forrey appealed the trial court's order granting summary judgment in favor of Marlin Construction Group, LLC. The appellate court reversed and remanded based on controlling precedent established in a related case, Marlin Construction Group, LLC v. Bollinger.
The court reversed the trial court's order granting summary judgment and remanded the case for further proceedings consistent with the controlling precedent established in Marlin Construction Group, LLC v. Bollinger.
[1] An appellate court may review a non-final order denying a motion for summary judgment but may decline to do so.
[2] A trial court retains the inherent authority to reconsider and alter or retract any of its non-final rulings prior to the entry of a final judgment or order.
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The court's holding and primary basis for reversal, establishing that controlling precedent mandates reversal.
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Join FLexlaw to unlock all legal intelligenceDanielle Forrey brought an action against Marlin Construction Group, LLC. The trial court denied Forrey's motion for summary judgment and granted Marl…
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MIZE, J.
Appellant, Danielle Forrey, appeals the trial court’s order denying her motion for summary judgment and the trial court’s order granting the motion for summary judgment filed by Appellee, Marlin Construction Group, LLC.1 Based on our recent decision in Marlin Construction Group, LLC v. Kris Bollinger, No. 6D-23-810, 2024 WL 1432150 (Fla. 6th DCA April 3, 2024), we reverse the trial court’s order
granting the motion for summary judgment filed by Appellee and remand this case to the trial court with instructions to conduct further proceedings consistent with our opinion in Marlin Construction Group, LLC v. Bollinger. The trial court’s order denying Appellee’s motion for summary judgment was a non-final order. Although we are authorized to review that order, we decline to do so. See Murphy White Dairy, Inc. v. Simmons, 405 So. 2d 298, 300 (Fla. 4th DCA 1981). This decision is without prejudice to the trial court reconsidering that order on remand if it deems it appropriate to do so. See Silvestrone v. Edell, 721 So. 2d 1173, 1175 (Fla. 1998) (“[T]he trial court retains inherent authority to reconsider and, if deemed appropriate, alter or retract any of its nonfinal rulings prior to entry of the final judgment or order terminating an action.”). REVERSED and REMANDED with instructions. NARDELLA and WHITE, JJ., concur. Celene H. Humphries, of Celene Humphries, PLLC., Spring City, Tennessee, for Appellant.
Scott J. Hertz and Jack C. Morgan, of Aloia Roland Lubell & Morgan, PLLC, Fort Meyers, for Appellee.