CLAYTON D. DIXON, JR. AND JUANITA IRENE DIXON, APPELLANTS,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE
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.
Appellants sought review of a summary judgment order granting defendant's cross-motion for partial summary judgment on one claim while reserving jurisdiction over remaining claims. The court dismissed the appeal for lack of jurisdiction because the order was not final and did not fall within the limited categories of appealable non-final orders.
The order was neither a final order nor an appealable non-final order, and therefore the court lacked jurisdiction to hear the appeal. The order merely resolved one claim and expressly reserved jurisdiction over other matters, making it clear that it did not effect a final resolution of the entire litigation.
[1] An order granting partial summary judgment that expressly reserves jurisdiction for all other matters is not a final order for purposes of appeal.
[2] A notice of appeal must substantially conform to the prescribed forms for final or non-final orders as required by the Florida Rules of Appellate Procedure.
Previewing 2 of 5 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“The 'Order Granting Summary Judgment' merely grants 'Defendant's Cross-Motion for Partial Summary Judgement as to the Plaintiffs' dwelling and debris removal claim,' and denies 'Plaintiffs' Motion for Partial Summary Judgement.' From a plain reading of the language used, it does not purport to effect a final resolution of the litigation between the parties.”
Establishes that partial summary judgment orders resolving only some claims do not constitute final orders amenable to appellate review.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs Dixon filed suit against Allstate Insurance Company. The trial court granted defendant's cross-motion for partial summary judgment as to pl…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Notice Of Appeal Requirements cases and more on FLexlaw
PER CURIAM.
Appellants, plaintiffs in the trial court, seek review of an “Order Granting Summary Judgment” and a subsequent order denying their motion for rehearing as to the “Order Granting Summary Judgment.” From our review of the record, we have concluded that we lack jurisdiction to hear this appeal and that, therefore, we must dismiss it.
It is unclear whether appellants are treating this appeal as one from a final order, or as one from an appealable non-final order. If the appeal is intended to be one from a final order, the notice of appeal fails to comply with Rule 9.110(d), Florida Rules of Appellate Procedure, which requires that the notice of appeal conform substantially to the form set out as Rule 9.900(a). If, on the other hand, the appeal is intended to be one from an appealable non-final order, the notice of appeal fails to comply with Rule 9.130(c), Florida Rules of Appellate Procedure, which requires that the notice of appeal conform substantially to the form set out as Rule 9.900(c). Instead of identifying the order being appealed as either a “final order” [Rule 9.900(a) ] or a “non-final order” [Rule 9.900(c)], the notice of appeal merely states that “[t]he nature of the order to be reviewed is the granting of summary judgment ... and the ... order ... which denied plaintiffs’ Motion for Rehearing.”
The “Order Granting Summary Judgment,” which is the real subject of this appeal, concludes with the following language:
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED
1. The Defendant’s Cross-Motion for Partial Summary Judgement as to the Plaintiffs’ dwelling and debris removal claim is granted. Plaintiffs’ Motion for Partial Summary Judgment is hereby denied.
2. Jurisdiction is hereby reserved for any and all other matters applicable to this case.
(Emphasis added.) Clearly, this is not an appealable non-final order pursuant to Rule 9.130(a)(3) because it does not fit within any of the limited categories of appealable non-final orders set out there. We believe that it is equally clear that it is not a “final order” for purposes of Rule 9.110. The “Order Granting Summary Judgment” merely grants “Defendant’s Cross-Motion for Partial Summary Judgement as to the Plaintiffs’ dwelling and debris removal claim,” and denies “Plaintiffs’ Motion for Partial Summary Judgement.” From a plain reading of the language used, it does not purport to effect a final resolution of the litigation between the parties. On the contrary, it appears intended to resolve only one claim of appellants — the “dwelling and debris removal claim.” Moreover, it expressly reserves jurisdiction to consider and decide “any and all other matters applicable to this case.” As far as we can determine from the record, no final judgment has ever been entered. See, e.g., BCH Mechanical, Inc. v. McCoy, 584 So. 2d 1067 (Fla. 5th DCA 1991) (an order which merely grants a motion for summary judgment is not a final order). Accord Nolan’s Towing and Recovery v. Marino Trucking, Inc., 581 So. 2d 644 (Fla. 3d DCA 1991); Arcangeli v. Albertson’s, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989) (en banc); Amelco Investment Corp. v. Bryant Electric Co., 487 So. 2d 386 (Fla. 1st DCA 1986); Pompano Paint Co. v. Pompano Beach Bank & Trust Co., 208 So. 2d 152 (Fla. 4th DCA 1968).
Because the “Order Granting Summary Judgment” is a non-appealable non-final order, this court lacks jurisdiction. Accordingly, we are constrained to dismiss this appeal. Of course, the dismissal is without prejudice to appellants’ right to seek review after the entry of a final judgment.
APPEAL DISMISSED.
BOOTH, SHIVERS and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Myrle F. Belin v. Colin Mitchel, 679 So. 2d 860 (Fla. 1st DCA 1996)…ecovery v. Marino Trucking, Inc., 581 So. 2d 644 (Fla. 3d DCA 1991); BCH Mechanical Inc. v. McCoy, 584 So. 2d 1067 (Fla. 5th DCA 1991); and Arcangeli v. Albertson’s, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989), cited in Dixon v. Allstate Insurance Co., 609 So. 2d 71 (Fla. 1st DCA 1992). The doctrine of laches, on which the trial court relied alternatively, does not apply since this case does not involve delay in institution of a suit founded on conduct by the respondents “giving rise to the situation of which c…
-
Paletti v. Corbin, 801 So. 2d 960 (Fla. 1st DCA 2001)…rder of September 11, 2001, the Court determines that it does not have jurisdiction to review the Order Granting Plaintiff/Counter-Defendant’s Motion for Summary Judgment on Breach of Contract, rendered July 25, 2001. See Dixon v. Allstate Ins. Co., 609 So. 2d 71 (Fla. 1st DCA 1992). The appeal is hereby dismissed. MINER, WOLF and BENTON, JJ., CONCUR.…
-
Smith v. Fla. Dep't OF Corr., 763 So. 2d 548 (Fla. 1st DCA 2000)…PER CURIAM. Having considered appellant’s response to the court’s order dated May 16, 2000, the appeal is hereby dismissed for lack of jurisdiction. See Dixon v. Allstate, 609 So. 2d 71 (Fla. 1st DCA 1992). BOOTH, LAWRENCE, and BENTON, JJ., CONCUR.…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pompano Paint Co. v. Pompano Beach Bank & Tr. Co., 208 So. 2d 152 (Fla. 4th DCA 1968)
- Kramer v. State, 550 So. 2d 557 (Fla. 5th DCA 1989)
- Arcangeli v. Albertson's, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989)
- Nolan's Towing & Recovery v. Marino Trucking, Inc., 581 So. 2d 644 (Fla. 3d DCA 1991)
- BCH Mech., Inc. v. McCOY, 584 So. 2d 1067 (Fla. 5th DCA 1991)
- Amelco Inv. Corp. v. Bryant Elec. Co., 487 So. 2d 386 (Fla. 1st DCA 1986)