JOHN ALLEN PARVIN, APPELLANT,
v.
VALHALLA PROPERTIES ON SAND KEY, LLC, A DISSOLVED KENTUCKY LIMITED LIABILITY COMPANY; MARILYN J. JOHNSON; JO ANN KILGORE; AND MARION ROLAND, APPELLEES
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Parvin appealed a nonfinal order granting a motion to vacate an arbitration award and denying a motion to reinstate a previously vacated award. The Florida District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that orders vacating or denying confirmation of arbitration awards are not appealable nonfinal orders under Florida law.
The court lacks jurisdiction to consider an appeal of a nonfinal order vacating an arbitration award or denying confirmation of an arbitration award, as such orders do not fall within the appealable nonfinal orders listed in Florida Rule of Appellate Procedure 9.130.
[1] District courts of appeal may review non-final orders only to the extent provided by rules adopted by the supreme court.
[2] Jurisdiction of district courts to consider appeals of non-final orders may not be established by statute.
Previewing 2 of 4 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“permits district courts of appeal to review non-final [orders] only to 'the extent provided by rules adopted by the supreme court.'”
Establishes the constitutional limitation on district court jurisdiction over nonfinal orders
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Join FLexlaw to unlock all legal intelligenceParvin sought to appeal a nonfinal order that granted a motion to vacate an arbitration award and denied his motion to reinstate a previously vacated …
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CANADY, Judge.
John Alen Parvin appeals a nonfinal order (1) granting a motion to vacate an arbitration award and (2) denying a motion to reinstate a previously vacated arbitration award. Because we lack jurisdiction to consider an appeal of this nonfinal order, we dismiss Parvin’s appeal.
The Florida Constitution “permits district courts of appeal to review non-final orders only to ‘the extent provided by rules adopted by the supreme court.’ ” Loewenstein, Inc. v. Draheim, 898 So. 2d 1129, 1130 (Fla. 4th DCA 2005) (quoting art. V, § 4(b)(1), Fla. Const.). Florida Rule of Appellate Procedure 9.030(b)(1)(B) grants the district courts of appeal jurisdiction with respect to “non-final orders of circuit courts as prescribed by rule 9.130.” The order at issue in this appeal does not fall within the scope of the appealable non-final orders listed in rule 9.130.
Rule 9.130(a)(3)(C)(iv) provides for the appeal of nonfinal orders that “determine ... the entitlement of a party to arbitration.” The order at issue here, however, does not address the issue of entitlement to arbitration.
Parvin contends that his appeal is authorized by the provisions of section 682.20(l)(c), Florida Statutes (2005), that purport to create a right of appeal from an order “confirming or denying confirmation of an [arbitration] award.” “But only the supreme court is empowered to grant interlocutory jurisdiction to the district courts of appeal, which it has done with respect to the nonfinal orders listed in [rule] 9.130.” Friendly Homes of the S., Inc. v. Fontice, 932 So. 2d 634, 636 (Fla. 2d DCA 2006). Under article V, section (4)(b)(l) of the Florida Constitution, jurisdiction of the' district courts to consider appeals of nonfinal orders may not be established by statute.
Accordingly, the nonfinal order appealed by Parvin is a nonappealable order. See Loewenstein, Inc., 898 So. 2d at 1130 (holding that “order vacating an arbitration award” was a “non-appealable, non-final order”); Fontice, 932 So. 2d at 636 (holding that district court lacks jurisdiction to consider appeal of nonfinal “orders denying motions to confirm arbitration awards”). The appeal is dismissed because this court has no jurisdiction to consider it.
Dismissed.
NORTHCUTT and SALCINES, JJ., Concur.
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Infolink Grp., Inc. v. Kurzweg, 10 So. 3d 201 (Fla. 3d DCA 2009)…the subject of this appeal, confirming the award but has not entered a final judgment. This Court lacks jurisdiction to hear this appeal as an order confirming an arbitration award is a non-appealable non-final order. See Parvin v. Valhalla Props., 949 So. 2d 1167 (Fla. 2d DCA 2007) (holding that an order confirming or denying confirmation of an arbitration award is a non-appealable non-final order); See also Friendly Homes of the South, Inc. v. Fontice, 932 So. 2d 634 (Fla. 2d DCA 2006); Loewenstein, Inc. v.…
Authorities Cited
- Loewenstein, Inc. v. Draheim, 898 So. 2d 1129 (Fla. 4th DCA 2005)
- Friendly Homes OF THE S. Inc. v. Sonnel Fontice and Vilcia Fontice, 932 So. 2d 634 (Fla. 2d DCA 2006)