A & J HOLDINGS, LLC, AND SOUTH WALTON PROPERTIES, LLC
v.
CALYPSO TOWERS RESORT COMMUNITY ASSOCIATION, INC.

Fla. 1st DCA | 2024-12-04
No. 1D2023-1450
2024 FL 13520 Florida District Court of Appeal, First District (2024)

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Synopsis

The Florida District Court of Appeal, First District, dismissed an appeal and cross-appeal filed by A & J Holdings, LLC, and South Walton Properties, LLC against Calypso Towers Resort Community Association, Inc., for lack of jurisdiction.


Holding

The court lacks jurisdiction over the appeal and cross-appeal and therefore dismisses both.


Headnotes

[1] An appellate court may dismiss an appeal or cross-appeal for lack of jurisdiction when jurisdictional requirements are not satisfied, as evidenced by a party's response t…

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Key Quotes

“the Court dismisses the appeal and cross-appeal for lack of jurisdiction”

The court's basis for dismissing the entire proceeding is lack of jurisdiction.

Facts & Procedural History

Not provided in the opinion text beyond the party names and that appellants filed a response to a show cause order on September 11, 2024.…

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Opinion of the Court

December 4, 2024 PER CURIAM.

Upon consideration of Appellants’ response, filed September 11, 2024, to the Court’s show cause order dated September 3, 2024, the Court dismisses the appeal and cross-appeal for lack of jurisdiction. 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.

_____________________________

Stephen E. Syfrett of Syfrett Law, PLLC, Panama City; Martin B. Sipple and Alexandrea Akre of Ausley & McMullen, P.A., Tallahassee, for Appellants/Cross-Appellees.

Christine R. Davis of Davis Appeals, PLLC, Tallahassee; Mark F. Robens of Stichter, Riedel, Blain & Postler, P.A., Tampa, and Jodi Daniel Dubose of Stichter, Riedel, Blain & Postler, P.A., Pensacola; Matthew R. Cogburn of Cogburn Law Firm, P.A., Tampa, for Appellees/Cross-Appellants.


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