HARRIS
v.
SUMMER PALMS APARTMENTS, LLC
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.
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).
[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…
Previewing 1 of 1 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“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.
Harris appealed from a County Court order in Hillsborough County involving Summer Palms Apartments, LLC. The trial court entered an interlocutory orde…
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.
Explore caselaw by topic → Browse Florida Rule Of Appellate Procedure 9.130(A)(3)(C)(Ii) cases and more on FLexlaw
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.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Marina BAY Hotel & Club, Inc. v. Gerry McCALLUM, 733 So. 2d 1133 (Fla. 4th DCA 1999)
- RED Beryl, Inc. v. Sarasota Vault Depository, Inc., 176 So. 3d 375 (Fla. 2d DCA 2015)