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Towns v. Homeside Lending, Inc.
Citations: 732 So. 2d 515; 1999 Fla. App. LEXIS 7294; 1999 WL 346117Docket: No. 98-3292
Court: District Court of Appeal of Florida; June 2, 1999; Florida; State Appellate Court
A summary final judgment of foreclosure was entered on July 9, 1998. The appellant's subsequent motion to file a counterclaim was denied by the trial court on August 21, 1998. On September 10, 1998, the trial court vacated the July 9 judgment and dismissed the case, instructing the Clerk of the Court to return the Original Note, Mortgage, and Assignments to the Plaintiffs’ Counsel. The appellant filed a notice of appeal on September 17, 1998, targeting the order that denied her counterclaim motion. The court dismissed the appeal for lack of jurisdiction, stating that the appellant was appealing a non-appealable, non-final order following the case's dismissal, which left no final order for the court to review. This dismissal was in accordance with Rule 9.030(b)(1) of the Florida Rules of Appellate Procedure, with Judges Gunther, Farmer, and Gross concurring.