DAVID E. MILBURN, AS TRUSTEE OF THE JAMES E. MILBURN TRUST U/T/D JULY 16, 2008, AS AMENDED AND RESTATED JULY 8, 2021
v.
DONALD O'CONNER, CARLA O'CONNER, ALL FLORIDA GRILLING OUTDOOR KITCHENS AND STONE, LLC, AND SARAH INGRAM LOVE, AS TRUSTEE OF THE SARA C. MILBURN REVOCABLE TRUST U/A/D JULY 16, 2008, AS AMENDED ON JULY 8, 2021
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.
The trial court's order regarding the right to immediate possession of property in an eviction action was properly decided and is affirmed.
[1] An order determining the right to immediate possession of property in an eviction action is an appealable nonfinal order under Florida law.
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 intelligenceDavid E. Milburn, as trustee of a trust, sought a writ of possession against Donald O'Conner, Carla O'Conner, and others in a county court action. The…
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 Eviction Proceedings cases and more on FLexlaw
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 5D2025-1956 LT Case No. 05-2024-CC-054927
DAVID E. MILBURN, as Trustee of the James E. Milburn Trust u/t/d July 16, 2008, as Amended and Restated July 8, 2021, Petitioner,
v.
DONALD O'CONNER, CARLA
O'CONNER, ALL FLORIDA
GRILLING OUTDOOR KITCHENS
AND STONE, LLC, and SARAH INGRAM LOVE, as Trustee of the Sara C. Milburn Revocable Trust u/a/d July 16, 2008, as Amended on July 8, 2021, Respondents.
Petition for Certiorari Review of Order From the County Court for Brevard County. Michelle Vitt Baker, Judge.
W. Nathan Meloon and Scott Widerman, of Widerman Malek P.L.,
Melbourne, for Petitioner David E. Milburn, as Trustee of the James E. Milburn Trust u/t/d July 16, 2008, as Amended and Restated July 8, 2021.
Bradly Roger Bettin, Sr., of Goldman, Monaghan, Thakkar & Bettin, PA, Cocoa, for Respondents, Donald O'Conner and Carla O'Conner.
James D. Henderson, of Frese, Whitehead, Anderson & Henderson, P.A., Melbourne, for Respondent, Sarah Ingram Love, as Trustee of the Sara C. Milburn Revocable Trust u/a/d July 16, 2008, as Amended on July 8, 2021.
No Appearance for Remaining Respondent.
August 28, 2026
PER CURIAM.
AFFIRMED. See First Hanover v. Vazquez, 848 So. 2d 1188, 1189 (Fla. 3d DCA 2003) (finding that the trial court order denying motion for default and writ of possession for non-payment of rent was an appealable nonfinal order because it determined the right to immediate possession of property); Home Pipeline Holdings, LLC v. Nicolas, 420 So. 3d 1128, 1129 (Fla. 3d DCA 2025 (reversing and remanding the county court's order that stayed a writ of possession that was issued pursuant to Chapter 83 and transferred the eviction action to the circuit court following appellate review pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(c)(ii)).
JAY, C.J., and MAKAR and KILBANE, JJ., concur.