Cuyler v. Freedom Mortgage Corporation

Summary

The District Court of Appeal of Florida, Second District, dismissed James M. Cuyler's appeal from four nonfinal orders in a mortgage foreclosure action brought by Freedom Mortgage Corporation. The court held that the orders dismissing a counterclaim without prejudice, dismissing a punitive-damages request, granting an extension of time, and striking a jury-trial demand were not appealable under Florida Rule of Appellate Procedure 9.130.

Holdings

1. An order dismissing Cuyler's fraud counterclaim without prejudice, while allowing amendment and not requiring the filing of a new case, was nonfinal and was not appealable under Florida Rule of Appellate Procedure 9.130(a)(3).
2. The order dismissing Cuyler's request for punitive damages was not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(G) because Cuyler had not filed a motion for leave to amend to assert a punitive-damages claim.
3. The order granting Freedom Mortgage an extension of time and the order striking Cuyler's jury-trial demand were not appealable nonfinal orders because they did not fall within Rule 9.130(a)(3)'s list of appealable orders.

Questions Presented

1. Whether the order dismissing Cuyler's fraud counterclaim without prejudice was a final or appealable nonfinal order.
2. Whether the order dismissing Cuyler's request for punitive damages was appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(G).
3. Whether the orders granting an extension of time and striking Cuyler's jury-trial demand were appealable nonfinal orders.

Disposition

dismissed