INTEGRALE INVESTMENTS, LLC, A FLORIDA LIMITED LIABILITY COMPANY; AND KEITH KNUTSSON, AN INDIVIDUAL, PETITIONERS,
v.
MATTHEW P. HOFFMAN, AN INDIVIDUAL; AND PCGL, LLC, A FLORIDA LIMITED LIABILITY COMPANY, RESPONDENTS

Fla. 2d DCA | 2017-02-10
No. Case No. 2D15-5757
WALLACE and LUCAS, JJ., Concur.
210 So. 3d 251 Florida District Court of Appeal, Second District (2017) Positive Treatment
Cited by 3 cases
Topics
Non-Final, Non-Appealable Order Non-Appealable Order Non-Final Order Departure From Essential Requirements Of Law

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Opinion of the Court
LaROSE, Judge.

LaROSE, Judge.

Pursuant to East Avenue, LLC v. Insignia Bank, 136 So.3d 659, 665 (Fla. 2d DCA 2014), we quash the trial court’s partial final judgment.

The trial court issued an order granting partial final judgment. The order reserves jurisdiction to decide an interrelated claim in the complaint. Yet, the order allows execution to issue.

“Permitting execution prior to completion of the litigation before the trial court has long been characterized as improper by the appellate courts.” Id. Because the order is a nonfinal, nonappealable order but authorizes execution, it departs from the essential requirements of law. Id.

Petition for writ of certiorari granted; judgment quashed.

WALLACE and LUCAS, JJ., Concur.

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Citator

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  • Team Richco, LLC v. Rapid Sec. Solutions, LLC, 290 So. 3d 629 (Fla. 2d DCA 2020)
    …y seek execution of the judgment, FIGA may not obtain review until the trial court renders a final order." (citing E. Ave., 136 So. 3d at 665)). The judgment also departs from the essential requirements of law. See Integrale Invs., LLC v. Hoffman, 210 So. 3d 251, 251 (Fla. 2d DCA 2017) ("Because the order is - 4 - a nonfinal, nonappealable order but authorizes execution, it departs from the essential requirements of law." (citing E. Ave., 136 So. 3d at 665)). We therefore quash the partial summary judgment…
  • Smith v. Eugenia Tiara Wallace, 249 So. 3d 670 (Fla. 2d DCA 2017)
    …27, 831 (Fla. 2d DCA 2005). Rather, the adopted judgment "cannot substitute for a thoughtful and independent analysis of the facts, issues, and law by the trial judge." Perlow v. Berg-Perlow, 875 So. 2d 383, 390 (Fla. 2004) ; see also Ryans v. Bell, 210 So. 3d 251 (Fla. 2d DCA 2017) ; Bishop v. Bishop, 47 So. 3d 326 (Fla. 2d DCA 2010). Affirmed. VILLANTI, C.J., and KHOUZAM, J., Concur. The trial court was referring to the items in Mr. Smith's amended statement of the evidence. At the hearing, the trial co…
  • Mohler v. Elliott, 332 So. 3d 1120 (Fla. 2d DCA 2022)
    …d that "allowing execution on the judgment prior to entry of a final, appealable order is a departure from the essential requirements of law." Murphy, 162 So. 3d at 1051 (citing E. Ave., 136 So. 3d at 665); see also Integrale Invs., LLC v. Hoffman, 210 So. 3d 251, 251 (Fla. 2d DCA 2017) ("Because the order is a nonfinal, nonappealable order but authorizes execution, it departs from the essential requirements of law." (citing E. Ave., 136 So. 3d at 665)); Williamson v. Banta, 22 So. 3d 152, 152 (Fla. 1st DCA…

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