Aqua Bay Luxury Apartments, Inc., etc. v. The Ivory at Bay Harbour, LLC

Summary

The Third District Court of Appeal of Florida reviews an appeal involving tenancies and possession of eleven apartment units. The court dismisses the appeal from several nonfinal orders for lack of jurisdiction, but exercises jurisdiction over the order determining the right to immediate possession of property and affirms the final judgment of removal of tenants.

Holdings

1. The court lacked jurisdiction to review the orders denying the motion to dismiss, ruling on the verified motion to determine rents, and denying the motion to strike because those orders were not specifically listed in Florida Rule of Appellate Procedure 9.130(a)(3) and did not provide the basis for the order directing issuance of the writ of possession.
2. Rule 9.110(k) did not provide jurisdiction to review the judgment of removal as a partial final judgment because multiple interrelated counts remained pending below.
3. The court had jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii) to review the order granting final judgment of removal and directing issuance of writs of possession because the order determined the right to immediate possession of property.
4. The trial court did not err in entering final judgment on count I of the second amended complaint; the order granting IBH's motion for final judgment of removal of tenants was affirmed.

Questions Presented

1. Whether the Third District had jurisdiction to review the orders denying Aqua Bay's motion to dismiss, ruling on the verified motion to determine rents, and denying the motion to strike the second amended complaint.
2. Whether Florida Rule of Appellate Procedure 9.110(k) provided jurisdiction to review the final judgment of removal as a partial final judgment while multiple interrelated counts remained pending.
3. Whether the order granting final judgment of removal and directing issuance of writs of possession was reviewable as a nonfinal order determining the right to immediate possession of property under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii).
4. Whether the trial court erred in entering final judgment on count I of the second amended complaint.

Disposition

other