MARTIN MULDERRIG
v.
UNIFIRST CORPORATION
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Martin Mulderrig appealed a county court's denial of his motion to set aside an arbitration award and a subsequent summary judgment order in a dispute with Unifirst Corporation. The Fourth District Court of Appeal affirmed the denial of the motion to set aside the arbitration award but dismissed the appeal of the summary judgment order for lack of jurisdiction because it was rendered after the arbitration ruling and not properly included in the notice of appeal.
The court affirmed the order denying the motion to set aside the arbitration award on the merits. However, the court dismissed the appeal of the summary judgment order for lack of jurisdiction because the summary judgment was rendered after the arbitration ruling and was not properly included in or attached to the notice of appeal.
[1] A court lacks jurisdiction to review a summary judgment order on appeal when the order is not mentioned in or attached to the notice of appeal and is rendered as a subseq…
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Join FLexlaw to unlock all legal intelligence“Generally, a notice of appeal of a final judgment is "sufficient to bring up for review all interlocutory orders entered as a necessary step in the proceeding."”
Establishes the general rule that notice of appeal can encompass interlocutory orders, but distinguishes when this rule does not apply.
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Join FLexlaw to unlock all legal intelligenceMulderrig sought to set aside an arbitration award in a dispute with Unifirst Corporation. The county court denied his motion to set aside the arbitra…
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Appeal from the County Court for the Nineteenth Judicial Circuit, St. Lucie County; Edmond W. Alonzo, III, Judge; L.T. Case No. 562023CC001220.
Glenn Crickenberger, Fort Pierce, and Michael R. Grant, Fort Pierce, for appellant.
John W. Gardner of The Gardner Law Firm, Brandon, for appellee. PER CURIAM.
Martin Mulderrig appeals the circuit court’s order denying his motion to set aside an arbitration award and the circuit court’s order granting summary judgment. We affirm the court’s order denying Mulderrig’s motion to set aside the arbitration award without further discussion. We dismiss Mulderrig’s appeal of the summary judgment order for lack of jurisdiction. Generally, a notice of appeal of a final judgment is “sufficient to bring up for review all interlocutory orders entered as a necessary step in the proceeding.” Constr. Consulting, Inc. v. Dist. Bd. of Trs. of Broward Coll., 347 So. 3d 14, 17 n.1 (Fla. 4th DCA 2022). But the summary judgment at issue was rendered after the order on the motion to set aside the arbitration award. As a result, we dismiss the appeal of that order for lack of jurisdiction. Kozell v. Kozell, 142 So. 3d 891, 894 (Fla. 4th DCA 2014) (“[T]his court lacks jurisdiction to review this order, as it is not mentioned in or attached to the notice of appeal.”) (citing Fla. R. App. P. 9.110(d)).
Affirmed in part, dismissed in part.
GERBER, CONNER and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Mulderrig v. Unifirst Corp., 347 So. 3d 14 (Fla. 4th DCA 2024)…k of jurisdiction. Generally, a notice of appeal of a final judgment is “sufficient to bring up for review all interlocutory orders entered as a necessary step in the proceeding.” Constr. Consulting, Inc. v. Dist. Bd. of Trs. of Broward Coll., 347 So. 3d 14, 17 n.1 (Fla. 4th DCA 2022). But the summary judgment at issue was rendered after the order on the motion to set aside the arbitration award. As a result, we dismiss the appeal of that order for lack of jurisdiction. Kozell v. Kozell, 142 So.…
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Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kozell v. Kozell, 142 So. 3d 891 (Fla. 4th DCA 2014)
- Mulderrig v. Unifirst Corp., 347 So. 3d 14 (Fla. 4th DCA 2024)