BLANKENSHIP, TRUSTEE OF THE 1728 LITTLE POINTE CIRCLE REVOCABLE TRUST
v.
NAUTILUS CUSTOM HOMES, INC., PERRONE
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The Florida District Court of Appeal, Second District dismissed an appeal from a partial final judgment for lack of jurisdiction because the remaining pleaded claims were legally interrelated and arose from the same transaction as the declaratory judgment claim that was the subject of the appeal.
The court lacks jurisdiction to hear the appeal because the remaining pleaded claims are legally interrelated and arise from the same transaction as the declaratory judgment claim, making this an improper appeal from a partial final judgment.
[1] An appellate court lacks subject matter jurisdiction over an appeal from a partial final judgment when the remaining pleaded claims are legally interrelated and arise fro…
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Join FLexlaw to unlock all legal intelligence“Because this is an appeal from a partial final judgment and the remaining pleaded claims "are legally interrelated and arise from the same transaction as the declaratory judgment claim," we dismiss this appeal for lack of jurisdiction.”
Establishes the court's holding and the jurisdictional basis for dismissal
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Join FLexlaw to unlock all legal intelligenceThomas E. Blankenship, as trustee of the 1728 Little Pointe Circle Revocable Trust dated December 22, 2020, appealed a decision from the Circuit Court…
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On February 7, 2025, this court issued an order directing Thomas
E. Blankenship, as trustee of the 1728 Little Pointe Circle Revocable
Trust, dated December 22, 2020, to show cause why this appeal should not be dismissed for lack of jurisdiction. Blankenship filed a response to this court's order, conceding that this court lacks jurisdiction to hear this appeal. Because this is an appeal from a partial final judgment and the remaining pleaded claims "are legally interrelated and arise from the same transaction as the declaratory judgment claim," we dismiss this appeal for lack of jurisdiction. See Marinich v. Special Edition Custom Homes, LLC, 1 So. 3d 1197, 1200 (Fla. 2d DCA 2009); see also Fla. R. App. P. 9.110(k).
Dismissed.
SLEET, C.J., and ROTHSTEIN-YOUAKIM, J., Concur. Opinion subject to revision prior to official publication.
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Citator
Authorities Cited
- Marinich v. Special Edition Custom Homes, LLC, 1 So. 3d 1197 (Fla. 2d DCA 2009)