TENDER LOVING CARE GARDEN SUPPLY, INC., AND CLAUDE HALIOUA, APPELLANTS,

v.

JESHER'S, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ERIC BITNEY, JEAN BITNEY, AND SHEILA LAWYER, APPELLEES

Fla. 3d DCA | 2017-03-08

Nos. 3D16-998; Consolidated: 16-1148

Before LAGOA, SALTER, and EMAS, JJ.

212 So. 3d 511 Florida District Court of Appeal, Third District (2017) Positive Treatment

Cited by 1 case

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Holding

The court dismissed the appeal of the Omnibus Order as it was non-final and affirmed the order directing specific performance of a property sale.

Facts & Procedural History

Appellants appealed two trial court orders: an Omnibus Order and an order directing specific performance of a property sale under a lease option contr…

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Topics

Right To Immediate Possession Of Property Non-Final, Non-Appealable Order Non-Appealable Order Non-Final Order

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Opinion of the Court

LAGOA, J.

Appellants, Tender Loving Care Garden Supply, Inc. (“TLC”), and Claude Halioua (“Halioua”), appeal from two trial court orders.1 Specifically, TLC and Halioua appeal the trial court’s May 25, 2015, Omnibus Order ruling on multiple motions of both parties, and the April 18, 2016, Order directing the parties to specifically perform a property sale transaction pursuant to obligations under a lease option contract.

With regard to the trial court’s May 25, 2015, Omnibus Order, because this matter remains pending in the trial court, we dismiss the appeal as an improper appeal taken from a non-final, non-appealable order. See Fla. R. App. P. 9.130(a)(3). With regard to the trial court’s April 18, 2016, Order, we affirm.2

Dismissed in part; affirmed in part.

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Citator

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Wells Fargo Bank N.A. v. DIZ, 253 So. 3d 705 (Fla. 3d DCA 2018)

…CA 2016). Physical possession of a note by an agent gives the principal constructive possession, sufficient to establish standing, so long as the principal retains the power to exercise control over the note. Deutsche Bank Nat'l Trust Co. v. Mobley, 212 So. 3d 511, 513 (Fla. 3d DCA 2017) ; Fed. Nat'l Mortg. Ass'n v. Rafaeli, 225 So. 3d 264, 267 (Fla. 4th DCA 2017). Here, Wells Fargo presented sufficient evidence of its constructive possession of the note and its agency relationship with the loan servicer. The…

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