DAVID NOURACHI, AS TRUSTEE OF THE SOUTH BEACH TRUST, A FLORIDA LAND TRUST UNDER F.S. 689.071 DATED 7/11/2001, APPELLANT,
v.
SOUTH BEACHES PROFESSIONAL PARK OWNERS' ASSOCIATION, INC., A FLORIDA NON PROFIT CORPORATION, ET AL., APPELLEE
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The court dismissed the appeal for lack of jurisdiction because the trial court's order reserved jurisdiction over interrelated claims arising from the same operative facts, making the appeal premature.
An appeal is premature when the trial court reserves jurisdiction to determine interrelated claims arising from the same operative facts and transaction.
[1] An appeal is premature when a trial court reserves jurisdiction over interrelated claims arising from the same operative facts and transaction, even if a final judgment h…
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Join FLexlaw to unlock all legal intelligence“Because the order does not resolve a distinct and severable cause of action and judicial labor remains on an interrelated claim involving the same transaction and parties, the appeal is premature.”
Court's explanation for dismissal based on lack of jurisdiction
The trial court issued a final judgment declaring a tax deed void and awarding $75,000 for expenses related to the tax deed, but reserved jurisdiction…
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PER CURIAM.
Having considered the appellant’s response to this Court’s order, dated February 17, 2003, we dismiss for lack of jurisdiction. The order on appeal, Final Judgment on Plaintiffs Second Amended Complaint to Quiet Title and for Declaratory Judgment and Defendant’s Counterclaim for Declaratory Judgment, rendered on December 18, 2002, declares a tax deed void, awards $75,000 spent on the tax deed, but reserves jurisdiction pursuant to section 197.602, Florida Statutes (2002), to determine and award the interest on the refund of taxes paid, legal expenses in obtaining the tax deed, and the fair cash value of improvements made to the property. The reservation of jurisdiction encompasses claims which arose out of the same operative facts surrounding money awarded on the tax deed. Be cause the order does not resolve a distinct and severable cause of action and judicial labor remains on an interrelated claim involving the same transaction and parties, the appeal is premature. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla.1974); Fla. R.App. P. 9.110(k), (m).
Additionally, such a reservation relates to more than simply execution of the judgment and does not concern an ancillary matter which can be determined in a separate final order as attorney’s fees and costs can be. See McGurn v. Scott, 596 So. 2d 1042, 1043-44 (Fla.1992). The appellant’s Motion to Relinquish Jurisdiction, filed February 19, 2003, is denied because the appellant has failed to show exceptional circumstances. See Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995).
DISMISSED.
BOOTH, WEBSTER and LEWIS, JJ., concur.
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Cited By
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Raymond James & Assocs., Inc. v. Godshall, 851 So. 2d 879 (Fla. 1st DCA 2003)…cal Injury Comp. Ass’n., 844 So. 2d 751 (Fla. 1st DCA 2003) (deebning to deem administrative order final under McGum and Emerald Coast where order was not an ordinary money judgment); Nourachi v. South Beaches Professional Park Owners’ Assoc., Inc., 841 So. 2d 618 (Fla. 1st DCA 2003) (dismissing appeal of order that reserved jurisdiction to determine amount of interest, legal expenses, and value of improvements); Hoffman v. O’Connor, 802 So. 2d 1197 (Fla. 1st DCA 2002) (holding dissolution of marriage judgmen…
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Baron v. Provencial, 908 So. 2d 526 (Fla. 4th DCA 2005)…Inc., 575 So. 2d at 1347 (holding that “reservation of jurisdiction language does not affect the finality of the judgment, [when] the purpose of the reservation is to enforce the judgment”); Nour- [*528] achi v. S. Beaches Prof'l Park Owners’ Ass’n, 841 So. 2d 618, 618-19 (Fla. 1st DCA 2003). However, the trial court’s reservation of jurisdiction in this case extended well beyond simple enforcement. The appellant/seller argues that the trial court retained jurisdiction for only twenty-one days after the orde…
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Progressive Am. Ins. Co. v. Glass, 858 So. 2d 400 (Fla. 1st DCA 2003)…onse to this Court’s order dated September 17, 2008, we dismiss this appeal as premature. The appellant’s motion to relinquish jurisdiction, filed on September 29, 2003, is denied. See Nourachi v. South Beaches Professional Park Owners’ Ass’n, Inc., 841 So. 2d 618 (Fla. 1st DCA 2003). WOLF, C.J., POLSTON and LEWIS, JJ., concur.…
Authorities Cited
- S. L. T. Warehouse Co. v. Wilmott Webb, 304 So. 2d 97 (Fla. 1974)
- Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995)
- McGURN v. Scott, 596 So. 2d 1042 (Fla. 1992)