SKYBUS JET CARGO, INC.
v.
ACA INTERNATIONAL, LLC

Fla. 3d DCA | 2023-07-12
No. 22-1603
314 So. 3d 540 Florida District Court of Appeal, Third District (2023) Positive Treatment
Also reported at: 307 So. 3d 824
Cited by 24 cases

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Holding

An unelaborated order denying a motion to dismiss that states only a failure to state a cause of action is not an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3).

Headnotes

[1] In determining whether an appellate court has jurisdiction to review a nonfinal order under Florida Rule of Appellate Procedure 9.130(a)(3), the court examines only the f…

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Key Quotes

“this Court looks to the four corners of the challenged order, not the arguments made in the underlying motion”

The court explained its standard for determining appellate jurisdiction over nonfinal orders under Rule 9.130(a)(3).
Facts & Procedural History

Skybus Jet Cargo, the defendant below, filed a motion to dismiss ACA International's complaint. The trial court denied the motion by unelaborated orde…

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Topics
Failure To State A Cause Of Action Non-Final Order Appellate Jurisdiction Motion To Dismiss

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Opinion of the Court

PER CURIAM.

Appellant Skybus Jet Cargo, Inc. (“Jet Cargo”), the defendant below,

seeks appellate review of the trial court’s July 22, 2022 nonfinal order that

summarily denied its July 14, 2022 motion to dismiss the complaint filed by

the plaintiff below, appellee ACA International, LLC (“ACA”). Jet Cargo’s

notice of appeal alleges that this Court has appellate jurisdiction to review

the nonfinal order pursuant to Florida Rules of Appellate Procedure

9.130(a)(3)(A) and (a)(3)(C)(i).

While ACA has not filed a motion to dismiss Jet Cargo’s appeal with

this Court, before reaching the merits of any appeal, we are required to

conduct an independent jurisdictional inquiry. See City of Sweetwater v.

Pichardo, 314 So. 3d 540, 542 (Fla. 3rd DCA 2020). Because the trial court’s

unelaborated order denying Jet Cargo’s dismissal motion is not contained in

Florida Rule of Appellate Procedure 9.130(a)(3)’s schedule of appealable,

nonfinal orders, we lack appellate jurisdiction to review the challenged order

and, therefore, we dismiss this appeal.1

reflect any other rationale for the motion that, if it had been properly reflected in the challenged order, would form a permissible basis for us to exercise appellate jurisdiction under rule 9.130(a)(3).

3

Footnotes
1 In determining whether we have appellate jurisdiction to review a nonfinal order under rule 9.130(a)(3), “this Court looks to the four corners of the challenged order, not the arguments made in the underlying motion.” Truist Bank v. De Posada, 307 So. 3d 824, 826 (Fla. 3d DCA 2020). For this reason alone we dismiss the appeal. We note, though, that even if our jurisdictional determination included review of the underlying motion, we would still dismiss this appeal because Jet Cargo’s dismissal motion alleged only that ACA’s complaint failed to state a cause of action. Moreover, the transcript from the July 22, 2022 hearing on Jet Cargo’s dismissal motion does not
2 Appeal dismissed.

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Citator

Cited By (21 total)

  • Skybus JET Cargo, Inc. v. ACA Int'l, LLC, 314 So. 3d 540 (Fla. 3d DCA 2023)
  • Dexx Med. Indus. v. Fitesa Naotecidos S.A., 346 So. 3d 1215 (Fla. 3d DCA 2022)
    …the Florida Supreme Court created a new subdivision (F) to rule 9.130(a)(3) regarding several species of non-final order related to governmental immunity that had previously been included under subdivision 9.130(a)(3)(C).” Truist Bank v. De Posada, 307 So. 3d 824, 826 (Fla. 3d DCA 2020); In re Amends. to Fla. R. of App. P. 9.130, 289 So. 3d 866, 867 (Fla. 2020); Fla. Highway Patrol v. Jackson, 288 So. 3d 1179, 1186 (Fla. 2020). “These recent Supreme Court cases, though, left intact the Florida Supreme Court…
  • Miami-Dade Cnty. v. Perez, 47 Fla. L. Weekly D857 (Fla. 3d DCA 2022)
    …R. App. P. 9.130(a)(3)(F)(iii) (authorizing appellate review of nonfinal orders that “deny a motion that . . . asserts entitlement to sovereign immunity”); Fla. Hwy. Patrol v. Jackson, 288 So. 3d 1179 (Fla. 2020); City of Sweetwater v. Pichardo, 314 So. 3d 540 (Fla. 3d DCA 2020), and review the trial court's order de novo. The Florida Bar v. Greene, 926 So. 2d 1195, 1199 (Fla. 2006) (“A ruling on a motion to dismiss based on a pure question of law is subject to de novo review”); City of Miami Firefigh…

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