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Lefils v. Ocwen Federal Bank

Citations: 766 So. 2d 337; 2000 Fla. App. LEXIS 6640; 2000 WL 702402Docket: No. 1D00-0056

Court: District Court of Appeal of Florida; June 1, 2000; Florida; State Appellate Court

Narrative Opinion Summary

The appeal is dismissed due to lack of jurisdiction, referencing the precedent set in Perimeter Investments, Inc. v. Amerifirst Development Co. of Central Florida, Inc., which establishes that orders denying motions for leave to file a counterclaim are non-final and non-appealable. The appellees’ motion for an extension of time to file a response brief is denied as moot. Judges Miner, Webster, and Lawrence concur with the decision.

Legal Issues Addressed

Jurisdiction and Appealability of Orders

Application: The court dismissed the appeal due to lack of jurisdiction, highlighting that orders denying motions for leave to file a counterclaim are considered non-final and non-appealable.

Reasoning: The appeal is dismissed due to lack of jurisdiction, referencing the precedent set in Perimeter Investments, Inc. v. Amerifirst Development Co. of Central Florida, Inc., which establishes that orders denying motions for leave to file a counterclaim are non-final and non-appealable.

Mootness in Procedural Motions

Application: The court denied the appellees' motion for an extension of time to file a response brief as moot because the appeal was dismissed.

Reasoning: The appellees’ motion for an extension of time to file a response brief is denied as moot.