SPENCER T. CALVERT
v.
STEVEN A. ALECKSON AND JENNIFER RAE ALECKSON
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An appeal from a nonfinal order is moot when the complaint on which the order is based has been superseded by an amended complaint.
[1] An appeal from a nonfinal order becomes moot when the complaint underlying the order is superseded by the filing of an amended complaint.
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Join FLexlaw to unlock all legal intelligenceAppellant Spencer T. Calvert appealed a nonfinal order from the Circuit Court for St. Johns County. The order being appealed was based on the original…
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October 25, 2024 PER CURIAM.
We dismiss this appeal as moot because the nonfinal order on appeal is based on a complaint that was superseded by the filing of an amended complaint. See Falcone v. Laquer, 132 So. 3d 1171, 1171–72 n.1 (Fla. 3d DCA 2014) (holding that an appeal taken from an order denying a motion to compel arbitration became moot
when a new complaint was filed); see also Fin. Impact Estimating Conf. v. Floridians Protecting Freedom, Inc., 390 So. 3d 758, 760 (Fla. 1st DCA 2024) (holding that the case was moot because “the order on review is based on a financial impact statement that is no longer operative”); Wilner Hartley & Metcalf, P.A. v. Howard & Assocs., 65 So. 3d 620, 621 (Fla. 1st DCA 2011) (holding that a nonfinal order denying a motion to dismiss for improper venue became moot when the trial court allowed the filing of an amended complaint).
DISMISSED. MAKAR, JAY, and SOUD, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Cited By
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Calvert v. Aleckson, 390 So. 3d 758 (Fla. 5th DCA 2024)…o. 3d 1171, 1171–72 n.1 (Fla. 3d DCA 2014) (holding that an appeal taken from an order denying a motion to compel arbitration became moot when a new complaint was filed); see also Fin. Impact Estimating Conf. v. Floridians Protecting Freedom, Inc., 390 So. 3d 758, 760 (Fla. 1st DCA 2024) (holding that the case was moot because “the order on review is based on a financial impact statement that is no longer operative”); Wilner Hartley & Metcalf, P.A. v. Howard & Assocs., 65 So. 3d 620, 621 (Fla. 1st DCA 2011)…
Authorities Cited
- Falcone v. Edie Laquer, 132 So. 3d 1171 (Fla. 3d DCA 2014)
- Wilner Hartley & Metcalf, P.A. v. Howard & Assocs., Attorneys at Law, P.A., 65 So. 3d 620 (Fla. 1st DCA 2011)
- Calvert v. Aleckson, 390 So. 3d 758 (Fla. 5th DCA 2024)