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Fla. L. Weekly D1625bTop of Form
Fla. L. Weekly D1625bTop of Form
Appeals
— Non-final orders — Partial final judgment which does not dispose of entire
case as to any party or dispose of separate and distinct cause of action that
is not interdependent with other pleaded claims is not subject to immediate
review — Court lacks jurisdiction to review order denying motion to stay and
order imposing sanctions and striking pleadings by petition for writ of
certiorari where petition was not timely filed within 30 days of rendition of
orders
— Non-final orders — Partial final judgment which does not dispose of entire
case as to any party or dispose of separate and distinct cause of action that
is not interdependent with other pleaded claims is not subject to immediate
review — Court lacks jurisdiction to review order denying motion to stay and
order imposing sanctions and striking pleadings by petition for writ of
certiorari where petition was not timely filed within 30 days of rendition of
orders
PENSACOLA BEACH, INC., AND DAVID A
BRANNEN, Appellants, v. AMERICAN FIDELITY LIFE INSURANCE COMPANY, PENSACOLA BEACH,
L.L.C., AND SANTA ROSA ISLAND AUTHORITY, Appellees. 1st District. Case No.
1D17-0714. Opinion filed July 20, 2017. An appeal from the Circuit Court for
Escambia County. Gary L. Bergosh, Judge. Counsel: Robert O. Beasley, Phillip A.
Pugh, and DeWitt D. Clark of Litvak Beasley Wilson & Ball, LLP, Pensacola,
for Appellants. Linda A. Hoffman and Robert S. Rushing of Carver, Darden,
Koretzky, Tessier, Finn, Blossman & Areaux, LLC, Pensacola, for Appellees.
BRANNEN, Appellants, v. AMERICAN FIDELITY LIFE INSURANCE COMPANY, PENSACOLA BEACH,
L.L.C., AND SANTA ROSA ISLAND AUTHORITY, Appellees. 1st District. Case No.
1D17-0714. Opinion filed July 20, 2017. An appeal from the Circuit Court for
Escambia County. Gary L. Bergosh, Judge. Counsel: Robert O. Beasley, Phillip A.
Pugh, and DeWitt D. Clark of Litvak Beasley Wilson & Ball, LLP, Pensacola,
for Appellants. Linda A. Hoffman and Robert S. Rushing of Carver, Darden,
Koretzky, Tessier, Finn, Blossman & Areaux, LLC, Pensacola, for Appellees.
(PER CURIAM.) The Court has
determined that the Partial Final Judgment in Favor of American Fidelity Life
Insurance Company, Santa Rosa Island Authority, and Michael J. Stebbins is not
one that disposes of the entire case as to any party or disposes of a separate
and distinct cause of action that is not interdependent with other pleaded
claims. Fla. R. App. P. 9.110(k). Therefore, the order does not constitute a
partial final judgment subject to immediate review pursuant to Florida Rule of
Appellate Procedure 9.110(k).
determined that the Partial Final Judgment in Favor of American Fidelity Life
Insurance Company, Santa Rosa Island Authority, and Michael J. Stebbins is not
one that disposes of the entire case as to any party or disposes of a separate
and distinct cause of action that is not interdependent with other pleaded
claims. Fla. R. App. P. 9.110(k). Therefore, the order does not constitute a
partial final judgment subject to immediate review pursuant to Florida Rule of
Appellate Procedure 9.110(k).
The Court declines to grant
appellant’s request to review the Order Denying Motion to Stay Proceedings and
the Order Imposing Sanctions and Striking Pleadings of Pensacola Beach, Inc.,
and David A. Brannen by petition for writ of certiorari because the Court’s
jurisdiction to do so was not invoked in a timely manner. In order to invoke
the Court’s certiorari jurisdiction, a petition must be filed within thirty
days of rendition of the order to be reviewed. Fla. R. App. P. 9.100(c)(1). The
two orders of which appellant seeks certiorari review were rendered on January
8, 2017. The notice of appeal was filed on February 8, 2017, the thirty-first
day following rendition.
appellant’s request to review the Order Denying Motion to Stay Proceedings and
the Order Imposing Sanctions and Striking Pleadings of Pensacola Beach, Inc.,
and David A. Brannen by petition for writ of certiorari because the Court’s
jurisdiction to do so was not invoked in a timely manner. In order to invoke
the Court’s certiorari jurisdiction, a petition must be filed within thirty
days of rendition of the order to be reviewed. Fla. R. App. P. 9.100(c)(1). The
two orders of which appellant seeks certiorari review were rendered on January
8, 2017. The notice of appeal was filed on February 8, 2017, the thirty-first
day following rendition.
The appeal is dismissed for lack of
jurisdiction. (ROBERTS, OSTERHAUS, and M.K. THOMAS, JJ., CONCUR.)
jurisdiction. (ROBERTS, OSTERHAUS, and M.K. THOMAS, JJ., CONCUR.)
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