PHILLIPPA WAHL AND JOSEPH SULLIVAN, APPELLANTS,
v.
JEFFREY S. TAYLOR, INDIVIDUALLY AND D/B/A AFFORDABLE HOME IMPROVEMENTS AND REPAIRS, AND HOME DEPOT USA, INC., A CORPORATION LICENSED TO DO BUSINESS IN FLORIDA, APPELLEES
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The appeal is dismissed for lack of jurisdiction because the order granting summary judgment was not a final order.
Appellants appealed an order granting summary judgment. The appellate court relinquished jurisdiction to allow them to obtain a final order, but they …
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KELLY, Judge.
Phillippa Wahl and Joseph Sullivan appealed an order that granted Home Depot’s motion for summary judgment.1 Because an order merely granting a motion for summary judgment is not a final order, this court, citing Better Government Association of Sarasota County v. State, 802 So. 2d 414 (Fla. 2d DCA 2001), entered an order relinquishing jurisdiction to the trial court to give Wahl and Sullivan an opportunity to obtain a final order or face dismissal.2 In response, Wahl and Sullivan obtained an order stating, “ORDERED AND ADJUDGED that the Co-Defendants’ Motion for Final Summary Judgment is GRANTED in favor of the Co-Defendant HOME DEPOT USA, INC. and against the Plaintiffs PHILLIPPA WAHL and JOSEPH SULLIVAN.” In Better Government, we stated that an order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party. Although we directed Wahl’s and Sullivan’s attention to Better Government in our order relinquishing jurisdiction, they still failed to obtain a final order. Accordingly, this appeal is dismissed for lack of jurisdiction.
Appeal dismissed.
CASANUEVA and VILLANTI, JJ., concur. . Jeffrey S. Taylor, individually and d/b/a Affordable Home Improvements and Repairs, is not involved in this appeal.
. This court’s practice of relinquishing jurisdiction to enable an appellant to obtain an appealable order differs from that of the First and Fifth Districts which automatically dismiss an appeal for lack of jurisdiction if the order appealed is not final. See Arcangeli v. Albertson’s, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989); Johnson v. First City Bank of Gainesville, 491 So. 2d 1217 (Fla. 1st DCA 1986).
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Barco Holdings, LLC v. Terminal Inv. Corp., 967 So. 2d 281 (Fla. 3d DCA 2007)…enced in the opinion, are not appealable orders, but are orders that must, as noted, be reduced to judgment before appeal. See Fla. R.App. P. 9.130(a)(3) (limiting appeals to district courts of appeal to enumerated non-final orders); Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006) (stating that “an order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party”); Lidsky Vaccaro & Montes, P.A. v. Morejon, 813 So. 2d 146, 150 (Fla. 3d DC…
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Swaney v. Pinebrookpine, LLC, 259 So. 3d 826 (Fla. 2d DCA 2018)…This appeal is dismissed as from a nonappealable nonfinal order. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006). SILBERMAN, VILLANTI, and LUCAS, JJ., Concur.…
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Woodfield Cmty. Ass'n, Inc. v. Ortiz, 251 So. 3d 312 (Fla. 2d DCA 2018)…ring & Trenching, Inc. v. Westra Constr. Corp., 210 So. 3d 175, 180 (Fla. 2d DCA 2016) ("The trial court's orders are nonfinal and nonappealable to the extent that they grant a partial summary judgment in favor of Westra. . . ."); Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006) (observing that "an order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party"). However, Florida Rule of Appellate Procedure 9.130(a)(3)(B)1 provide…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. First City Bank OF Gainesville & J. Emory Cross, 491 So. 2d 1217 (Fla. 1st DCA 1986)
- Kramer v. State, 550 So. 2d 557 (Fla. 5th DCA 1989)
- Arcangeli v. Albertson's, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989)
- The Better Gov't Ass'n OF Sarasota Cnty., Inc. v. State, 802 So. 2d 414 (Fla. 2d DCA 2001)