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Fla. L. Weekly D1987aop of Form
Fla. L. Weekly D1987aop of Form
Appeals
— Partial final judgments — Orders dismissing declaratory judgment and
reformation claims are not appealable as partial final judgments where
interrelated claims involving same parties and underlying facts remain pending
in trial court — Appeals dismissed for lack of jurisdiction
— Partial final judgments — Orders dismissing declaratory judgment and
reformation claims are not appealable as partial final judgments where
interrelated claims involving same parties and underlying facts remain pending
in trial court — Appeals dismissed for lack of jurisdiction
NOOI KOE, et al., Appellants, v.
CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 3rd District. Case Nos.
3D16-2892 & 3D16-2696. L.T. Case Nos. 16-19417 & 16-3466. September 6,
2017. Appeals from the Circuit Court for Miami-Dade County, Michael A. Hanzman,
Judge. Counsel: Barnard Law Offices, L.P., and Andrew C. Barnard and Keller F.
Fisher, for appellants. Methe & Rockenbach, and Kara Berard Rockenbach and
Kristi Bergemann Rothell (West Palm Beach), for appellee.
CITIZENS PROPERTY INSURANCE CORPORATION, Appellee. 3rd District. Case Nos.
3D16-2892 & 3D16-2696. L.T. Case Nos. 16-19417 & 16-3466. September 6,
2017. Appeals from the Circuit Court for Miami-Dade County, Michael A. Hanzman,
Judge. Counsel: Barnard Law Offices, L.P., and Andrew C. Barnard and Keller F.
Fisher, for appellants. Methe & Rockenbach, and Kara Berard Rockenbach and
Kristi Bergemann Rothell (West Palm Beach), for appellee.
(Before ROTHENBERG, C.J., and SALTER
and LINDSEY, JJ.)
and LINDSEY, JJ.)
(ROTHENBERG, C.J.) Upon the Court’s
own motion, we dismiss these two consolidated appeals for lack of jurisdiction.
The trial court’s orders dismiss with prejudice the Appellants’ declaratory
judgment claims and a reformation claim in the operative complaints. Appellants
primarily rely on Florida Rule of Appellate Procedure 9.110(k) for the
proposition that these orders are appealable as partial final judgments.
However, contrary to the appellants’ contentions, these orders do not amount to
partial final judgments under rule 9.110(k) because interrelated claims
involving the same parties and underlying facts in both cases remain pending
below. Universal Underwriters Ins. Co. v. Stathopoulos, 113 So. 3d 957,
959 (Fla. 2d DCA 2013) (“Because the amended complaint reflects that the three
counts are based on the same facts and are intertwined, we conclude that
allowing an appeal of the declaratory count at this stage would foster
impermissible piecemeal review.”); Gonzalez v. Best Meridian Inter. Ins. Co.,
12 So. 3d 232 (Fla. 3d DCA 2009) (“Florida Rule 9.110(k) ‘only applies to
partial judgments which are unrelated to the remaining portions of the case.’
”) (citing Hallock v. Holiday Isle Resort & Marina, Inc., 885 So. 2d
459, 461-62 (Fla. 3d DCA 2004)). We also find the appellants’ remaining
arguments regarding jurisdiction to be without merit, and therefore, we decline
to discuss them further.
own motion, we dismiss these two consolidated appeals for lack of jurisdiction.
The trial court’s orders dismiss with prejudice the Appellants’ declaratory
judgment claims and a reformation claim in the operative complaints. Appellants
primarily rely on Florida Rule of Appellate Procedure 9.110(k) for the
proposition that these orders are appealable as partial final judgments.
However, contrary to the appellants’ contentions, these orders do not amount to
partial final judgments under rule 9.110(k) because interrelated claims
involving the same parties and underlying facts in both cases remain pending
below. Universal Underwriters Ins. Co. v. Stathopoulos, 113 So. 3d 957,
959 (Fla. 2d DCA 2013) (“Because the amended complaint reflects that the three
counts are based on the same facts and are intertwined, we conclude that
allowing an appeal of the declaratory count at this stage would foster
impermissible piecemeal review.”); Gonzalez v. Best Meridian Inter. Ins. Co.,
12 So. 3d 232 (Fla. 3d DCA 2009) (“Florida Rule 9.110(k) ‘only applies to
partial judgments which are unrelated to the remaining portions of the case.’
”) (citing Hallock v. Holiday Isle Resort & Marina, Inc., 885 So. 2d
459, 461-62 (Fla. 3d DCA 2004)). We also find the appellants’ remaining
arguments regarding jurisdiction to be without merit, and therefore, we decline
to discuss them further.
Dismissed.