KENTON G. FINDLAY
v.
STAR LAKES ASSOCIATION, INC.

Fla. 3d DCA | 2024-02-14
No. 2023-1148
2024 FL 1533 Florida District Court of Appeal, Third District (2024)

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Holding

An appeal of a denial of a motion for relief from judgment lacks appellate jurisdiction when the motion is not timely filed under Florida Rule of Civil Procedure 1.540(b).

Headnotes

[1] A motion for relief from judgment based on newly discovered evidence must be filed within one year after the judgment is entered, and a motion filed outside this deadline…

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Facts & Procedural History

Star Lakes Association obtained a final foreclosure judgment against Findlay on December 6, 2017. Nearly six years later, on May 18, 2023, Findlay fil…

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Topics
Non-Final Order Review Relief From Judgment Timeliness Of Motion Motion For Reconsideration

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Opinion of the Court

Opinion filed February 14, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1148 Lower Tribunal No. 14-12750

________________

Kenton G. Findlay,

Appellant,

vs. Star Lakes Association, Inc., Appellee. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge. Kenton G. Findlay, in proper person. No appearance, for appellee.1 Before SCALES, LINDSEY and GORDO, JJ. GORDO, J.

Footnotes
1 Appellee was precluded from filing an answer brief after failing to comply with this Court’s order. Kenton G. Findlay (“Findlay”) appeals a non-final order denying his motion for reconsideration. We dismiss the appeal for lack of jurisdiction. On December 6, 2017, an amended final judgment of foreclosure was entered in favor of Star Lakes Association, Inc. (“Star Lakes”). On May 18, 2023, Findlay filed a “motion for reconsideration,” arguing grounds for vacating the final judgment under Florida Rule of Civil Procedure 1.540(b). The trial court denied the motion. This appeal followed. Our jurisdiction to review non-final orders is limited to those matters specifically enumerated in Florida Rule of Appellate Procedure 9.130. Mid-Continent Cas. Co. v. Flora-Tech Plantscapes, Inc., 225 So. 3d 336, 340 (Fla. 3d DCA 2017); see also Fla. R. App. P. 9.130 (stating “[t]his rule applies to appeals to the district courts of appeal of the nonfinal orders authorized herein”). Rule 9.130(a)(5) authorizes appeals of “[non-final] [o]rders entered on an authorized and timely motion for relief from judgment.” Fla. R. App. P. 9.130(a)(5) (emphasis added). In this case, the underlying motion was filed nearly six years after the trial court entered the amended final judgment of foreclosure. Because the motion was not timely filed, we dismiss the appeal for lack of jurisdiction. See Fla. R. Civ. P. 1.540(b) (stating that a motion for relief from judgment based on newly discovered evidence cannot be filed more than one year after the judgment was entered). Dismissed.

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