City of Tampa v. Liberty Hospitality Management, LLC

Summary

The Florida Second District Court of Appeal dismissed the City of Tampa's appeal from a partial final judgment concerning Liberty Hospitality Management, LLC's rezoning-related claims. The court held that Count III was legally and factually interrelated with two remaining counts, so the judgment was not appealable under Florida Rule of Appellate Procedure 9.110(k) and dismissal was required for lack of jurisdiction.

Holdings

1. A partial final judgment that resolves a claim interrelated with other claims remaining pending is not appealable under Florida Rule of Appellate Procedure 9.110(k), unless it disposes of the entire case as to a party. Because the three counts arose from the same rezoning determinations and Count III impacted the remaining counts, the appeal had to be dismissed for lack of jurisdiction.
2. The parties cannot stipulate to subject-matter jurisdiction where none exists.

Questions Presented

1. Whether the partial final judgment resolving Count III was appealable under Florida Rule of Appellate Procedure 9.110(k) when Counts I and II arising from the same rezoning dispute remained pending.
2. Whether the court had jurisdiction to reach the merits of the City's challenge to the judgment declaring the City Council's rezoning decisions void.

Disposition

dismissed