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Linkside at Baymeadows, Inc. v. Rowe

Citations: 43 So. 3d 884; 2010 Fla. App. LEXIS 13608; 2010 WL 3465235Docket: No. 1D10-0677

Court: District Court of Appeal of Florida; September 7, 2010; Florida; State Appellate Court

Narrative Opinion Summary

Linkside at Baymeadows, Inc. appealed a "Final Judgment" that issued a money judgment on Count V of their Complaint while reserving jurisdiction to address the satisfaction of a Claim of Lien. Concurrently, Steven and Janice Rowe filed a cross-appeal regarding an earlier order that dealt with Counts I-IV of the Complaint and the Counterclaim. Both appeals were deemed premature due to the non-final nature of the orders, leading to a dismissal for lack of jurisdiction in accordance with Florida Rule of Appellate Procedure 9.110(J). The court noted that the remaining issue is interconnected with other matters in the case, particularly regarding homeowner's assessments and is not solely related to attorney's fees. The dismissal was concurred by Judges Davis, Benton, and Clark.

Legal Issues Addressed

Interconnected Legal Issues in Appeals

Application: The court emphasized that the remaining issue regarding homeowner's assessments was interconnected with other matters in the case, affecting the appeal's prematurity.

Reasoning: The court noted that the remaining issue is interconnected with other matters in the case, particularly regarding homeowner's assessments and is not solely related to attorney's fees.

Premature Appeals under Florida Rule of Appellate Procedure 9.110(J)

Application: The court dismissed both appeals due to their non-final nature, as the orders were not final and appealable.

Reasoning: Both appeals were deemed premature due to the non-final nature of the orders, leading to a dismissal for lack of jurisdiction in accordance with Florida Rule of Appellate Procedure 9.110(J).

Reservation of Jurisdiction in Final Judgments

Application: The trial court's judgment reserved jurisdiction to address the satisfaction of a Claim of Lien, indicating that the judgment was not entirely conclusive.

Reasoning: Linkside at Baymeadows, Inc. appealed a 'Final Judgment' that issued a money judgment on Count V of their Complaint while reserving jurisdiction to address the satisfaction of a Claim of Lien.