Narrative Opinion Summary
The Court ruled that the Final Judgment issued on May 23, 2013, is not a final appealable order. Although it seemingly addresses entitlement to judgment on Count II of the complaint and the counterclaim, it does not actually grant judgment on either. Furthermore, it is ambiguous regarding the resolution of claims in Count I. The order lacks the necessary elements to fully dispose of the entire claim, as established in Monticello Ins. Co. v. Thompson. Subsequent orders, including the denial of the motion for a final order and the motion for stay pending appeal, do not render the initial order final either. As a result, the appeal is deemed premature and is dismissed without prejudice, allowing the appellant to file a proper petition for writ of mandamus under Florida Rule of Appellate Procedure 9.100. The appellee's motion to dismiss the appeal as untimely is denied. Chief Judge Lewis and Judges Wolf and Roberts concur in this decision.
Legal Issues Addressed
Denial of Motion to Dismiss Appeal as Untimelysubscribe to see similar legal issues
Application: The Court denies the appellee's motion to dismiss the appeal on the grounds of untimeliness, indicating that the timing of the appeal was not inappropriate.
Reasoning: The appellee's motion to dismiss the appeal as untimely is denied.
Finality of Judgment for Appealsubscribe to see similar legal issues
Application: The Court determined that the Final Judgment from May 23, 2013, is not a final appealable order because it does not completely resolve all claims in the case.
Reasoning: The Court ruled that the Final Judgment issued on May 23, 2013, is not a final appealable order.
Premature Appeal Dismissalsubscribe to see similar legal issues
Application: The appeal is dismissed without prejudice because the judgment is not final, allowing the appellant to pursue alternative legal remedies.
Reasoning: As a result, the appeal is deemed premature and is dismissed without prejudice, allowing the appellant to file a proper petition for writ of mandamus under Florida Rule of Appellate Procedure 9.100.
Requirements for Final Judgmentsubscribe to see similar legal issues
Application: The judgment lacks the necessary elements to dispose of the entire claim, failing to meet the standards set in relevant case law.
Reasoning: The order lacks the necessary elements to fully dispose of the entire claim, as established in Monticello Ins. Co. v. Thompson.