A&J HOLDINGS, LLC
v.
CALYPSO TOWERS RESORT COMMUNITY ASSOCIATION, INC., AND CALYPSO COA HOLDINGS, LLC, THE CALYPSO GROUP, LLC

Fla. 1st DCA | 2024-11-20
No. 1D2024-0987
2024 FL 13170 Florida District Court of Appeal, First District (2024)

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Holding

A petition for writ of mandamus seeking to compel entry of a final judgment becomes moot when the appellate court grants the lower tribunal leave to render the necessary final order.


Headnotes

[1] A petition for writ of mandamus seeking to compel entry of a final judgment becomes moot when the appellate court grants the lower tribunal leave to render the necessary…

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Facts & Procedural History

A&J Holdings, LLC petitioned for a writ of mandamus against Calypso entities to compel the lower tribunal to render a final judgment. The respondents …

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Opinion of the Court

November 20, 2024 PER CURIAM.

The Court denies the June 5, 2024, motion to dismiss receiver as a party-participant. Further, the Court treats Petitioner’s request for the lower tribunal to render a final judgment as a motion for an order granting the lower tribunal leave to render a final judgment. Fla. R. App. P. 9.040(c); Fla. R. App. P. 9.130(f).

Upon consideration of Petitioner’s motion, the Court grants the motion and grants the lower tribunal leave to render any final order(s) necessary for disposing of the underlying cause, notwithstanding the pendency of Case No. 1D2024-1151. Because the petition for writ of mandamus sought to compel entry of a final judgment, the Court denies the petition as moot. ROBERTS, RAY, and TANENBAUM, 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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