TP ORLANDO 504, LLC, APPELLANT,
v.
SEYMOUR INTERNATIONAL, INC. AND ROTH, ROUSSO, KATZMAN, LLP, APPELLEES

Fla. 3d DCA | 2011-03-30
No. 3D10-1946
Before GERSTEN, SALTER, and EMAS, JJ.
57 So. 3d 977 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 2 cases

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.


Holding

The court held that an order denying a motion for summary judgment is a non-final order and is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3), thus the appellate court lacks jurisdiction.


Facts & Procedural History

Appellant, the plaintiff, sought review of an order denying its motion for summary judgment on a count alleging a violation of the Interstate Land Sal…

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.


Opinion of the Court
EMAS, J.

EMAS, J.

Appellant, the plaintiff below, seeks review of an order denying its motion impartial final summary judgment on one count of its six-count complaint. That count alleged that appellee, Seymour International, Inc., violated the Interstate *978Land Sales Full Disclosure Act, 15 U.S.C. §§ 1701-1720.

The order denying appellant’s motion for summary judgment is a non-final order. Nat’l Assur. Underwriters, Inc. v. Kelley, 702 So.2d 614 (Fla. 4th DCA 1997). Appeals of non-final orders are strictly limited to those specifically listed in Florida Rule of Appellate Procedure 9.130(a)(8). An order denying summary judgment is not appealable pursuant to Rule 9.130(a)(3), and this court lacks jurisdiction to entertain this appeal.1 Id.

Appeal dismissed for lack of jurisdiction.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Transp. Eng'g, Inc. v. Cruz, 152 So. 3d 37 (Fla. 5th DCA 2014)
    …ion.”). As TEI correctly concedes, however, this court lacks appellate jurisdiction to review the order denying its motion for summary judgment because it is a non-final, non-appealable order. See, e.g., TP Orlando 504, LLC v. Seymour Intern., Inc., 57 So. 3d 977, 978 (Fla. 3d DCA 2011) (dismissing appeal of denial of motion for summary judgment for lack of jurisdiction over non-appealable, non-final order); Gionis v. Headwest, Inc., 799 So. 2d 416, 417 (Fla. 5th DCA 2001) (“Generally, trial court orders den…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw