LESLIE HARRIS, APPELLANT,
v.
ABERDEEN GOLF & COUNTRY CLUB, INC., APPELLEE
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Leslie Harris appealed a summary judgment granted in favor of Aberdeen Golf & Country Club. The court reversed the judgment, finding that because the statute of limitations defense supporting the judgment against co-defendant Aberdeen POA was reversed in a companion case, the judgment against Aberdeen Club—which relied on the same statute of limitations defense—must also be reversed.
The court reversed the final judgment in favor of Aberdeen Club because the statute of limitations defense that supported the judgment against Aberdeen POA was reversed in a companion case, and since both defendants' summary judgments relied on the same statute of limitations defense, the judgment against Aberdeen Club must also be reversed.
[1] A trial court lacks jurisdiction to enter a final judgment in favor of one defendant when appeals of final orders related to other defendants are pending.
[2] If a final summary judgment entered in favor of a co-defendant is reversed on appeal, a subsequent final judgment in favor of another defendant, based on the same grounds…
Previewing 2 of 3 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“Aberdeen Club's and Aberdeen POA's motions for summary judgment were both based on the statute of limitations.”
Establishes that both defendants relied on identical legal grounds for their summary judgments
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Join FLexlaw to unlock all legal intelligenceLeslie Harris filed suit against Aberdeen Golf & Country Club, Aberdeen Property Owners Association, and Bristol Lakes Homeowners Association. The tri…
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ON MOTION FOR REHEARING
The Appellant, Leslie Harris, appeals the order entering final judgment for Aberdeen Golf & Country Club (“Aberdeen Club”), after Aberdeen Club’s motion for summary judgment was granted. The order reflects that final judgment was entered for Aberdeen Club based solely on the entry of final orders as to the co-defendants, Aberdeen Property Owners Association (Aberdeen POA) and Bristol Lakes Homeowners Association (Bristol Lakes HOA). As to Aberdeen POA, the court entered a final summary judgment based on the statute of limitations. As to Bristol Lakes HOA, the court entered an order dismissing the count related to Bristol Lakes HOA, based on Harris’s failure to comply with a condition precedent to suing a homeowners association.
On appeal, Harris argues the trial court lacked jurisdiction to enter a final judg*1098ment in favor of Aberdeen Club when appeals of final orders related to the other defendants were pending. We find no merit to this argument. However, we do agree with Harris that if the final summary judgment entered in favor of Aberdeen POA is reversed, the final judgment in the instant case should also be reversed, because Aberdeen Club’s and Aberdeen POA’s motions for summary judgment were both based on the statute of limitations. Because we reversed the final summary judgment entered in favor of Aberdeen POA, see Harris v. Aberdeen Property Owners Association (Fla. 4th DCA 2013), we reverse the final judgment in the instant case. We note that although the trial court also based its final judgment for Aberdeen Club on the final order entered in favor of Bristol Lakes HOA, that order really had no impact on the suit against Aberdeen Club, as the order was based on an issue not related to the counts against Aberdeen Club and Aberdeen POA.
Reversed and remanded.
TAYLOR and LEVINE, JJ., concur.