MARIBEL MONTES
v.
SYNCHRONY BANK
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A non-final order denying enforcement of a prior arbitration order is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(I) because that rule permits review only of orders determining entitlement to arbitration, not orders enforcing prior arbitration determinations.
[1] A non-final order denying enforcement of a prior arbitration order does not determine entitlement to arbitration and is therefore not appealable under Florida Rule of App…
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Join FLexlaw to unlock all legal intelligenceMaribel Montes appealed a county court order denying her motion to enforce the trial court's prior order compelling arbitration in a dispute with Sync…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-3257 Lower Tribunal No. 2025-SC-005491-SP
MARIBEL MONTES, Appellant,
V.
SYNCHRONY BANK, Appellee.
Appeal pursuant to Fla. R. App. P. 9.130 from the County Court for Osceola County. Celia Thacker Dorn, Judge.
November 6, 2026
PER CURIAM.
Maribel Montes appeals a non-final order denying her motion to enforce the trial court's order compelling arbitration. We lack jurisdiction to consider this appeal because the non-final order being appealed involves the denial of a request to enforce a prior order, not an order determining entitlement to arbitration. Fla. R. App. P. 9.130(a)(3)(I) (permitting review of non-final orders which “determine the entitlement of a party to arbitration . . . "); see Cohen v. D.R. Horton, Inc., 121 So. 3d 1121, 1123 (Fla. 5th DCA 2013) (concluding it lacked jurisdiction to consider
appeal of non-final order seeking relief from prior order compelling arbitration because it did not involve entitlement to arbitration); Henderson v. Tandem Health Care of Jacksonville, Inc., 898 So. 2d 1191, 1192 (Fla. 1st DCA 2005) (concluding rendition of new order requiring rescheduling and active participation in arbitration was not appealable as order determining entitlement to arbitration, which had been determined in earlier order that was not appealed).
DISMISSED.
NARDELLA, SMITH and MIZE, JJ., concur.
Maribel Montes, St. Cloud, pro se. No Appearance for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Henderson v. Tandem Health Care OF Jacksonville, Inc., 898 So. 2d 1191 (Fla. 1st DCA 2005)
- Eyal A. Cohen v. D.R. Horton, Inc., 121 So. 3d 1121 (Fla. 5th DCA 2013)