HARRIS
v.
SUMMER PALMS APARTMENTS, LLC

Fla. 2d DCA | 2026-07-08
No. 2025-1513
Allen, J., Black, J., Atkinson, J., Smith, J.
2026 FL 8473 Florida District Court of Appeal, Second District (2026)

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Holding

A nonfinal interlocutory order that does not directly determine a party's right to immediate possession of property is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii).


Headnotes

[1] A nonfinal interlocutory order is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii) unless it directly determines a party's right to immediate p…

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Key Quotes

“This nonfinal, interlocutory order is not appealable as an order determining 'the right to immediate possession of property' under [Florida Rule of Appellate Procedure] 9.130(a)(3)(C)(ii). . . . [T]he court did not make a determination regarding any of the parties' 'right' to possess the [property].”

Court's reasoning for dismissal, citing Red Beryl, Inc. v. Sarasota Vault Depository, Inc.

Facts & Procedural History

Harris appealed from a County Court order in Hillsborough County involving Summer Palms Apartments, LLC. The trial court entered an interlocutory orde…

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Opinion of the Court

DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

GWENDOLYN HARRIS, Appellant,

v.

SUMMER PALMS APARTMENTS, LLC, Appellee.

No. 2D2025-1513

July 8, 2026

Appeal from the County Court for Hillsborough County; Lisa Allen, Judge.

Gwendolyn Harris, pro se.

James I. Barron, III, of James I. Barron, III P.A., Orlando, for Appellee.

PER CURIAM.

Dismissed. See Red Beryl, Inc. v. Sarasota Vault Depository, Inc., 176 So. 3d 375, 381 (Fla. 2d DCA 2015) ("This nonfinal, interlocutory order is not appealable as an order determining 'the right to immediate possession of property' under [Florida Rule of Appellate Procedure] 9.130(a)(3)(C)(ii). . . . [T]he court did not make a determination regarding any of the parties' 'right' to possess the [property]."); Marina Bay Hotel

and Club, Inc. v. McCallum, 733 So. 2d 1133, 1134 (Fla. 4th DCA 1999) ("We . . . construe rule 9.130(a)(c)(3)(ii) to allow appeals only of orders which more directly determine the immediate right to possession than the type of order entered in this case.").

BLACK, ATKINSON, and SMITH, JJ., Concur.

Opinion subject to revision prior to official publication.

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