DECISION WITHOUT PUBLISHED OPINION Affirmed.
Per Curiam . Because Petitioner has not shown irreparable injury that cannot be adequately remedied on appeal, we dismiss the petition for review of non-final agency action for lack of jurisdiction. State v. Planned Parenthood of Sw. & Cent. Fla., Inc., 207 So.3d 1032 , 1034 (Fla. 1st DCA 2017) ("In deciding whether to grant review of a non-final agency action, showing irreparable injury is a jurisdictional hurdle that we address `before determining whether the [ruling] departed from the...
Per Curiam . Because Petitioner has not shown irreparable injury that cannot be adequately remedied on appeal, we dismiss the petition for review of non-final agency action for lack of jurisdiction. State v. Planned Parenthood of Sw. & Cent. Fla., Inc., 207 So.3d 1032 , 1034 (Fla. 1st DCA 2017) ("In deciding whether to grant review of a non-final agency action, showing irreparable injury is a jurisdictional hurdle that we address `before determining whether the [ruling] departed from the...
Gross , J. Philip Iglehart, David Iglehart, and PCI, LLC appeal a nonfinal order denying their motion to compel arbitration. We reverse the order because the trial court erred in concluding that appellants had waived arbitration. The relationship between two agreements is at the center of this case. There is a land trust agreement which created the Bluefield Ranch Mitigation Bank Trust. The trust agreement named Philip Iglehart and David McIntosh as co-trustees. In his capacity as a co-...
ON APPELLANT'S MOTION TO CORRECT CAPTION Gerber , J. On review of appellant's motion to correct caption, and on review of appellees' response to the motion, we grant in part and deny in part appellant's motion to correct caption. We substitute this opinion for our October 23, 2019 opinion, with the corrected caption as shown above. The former wife appeals from the circuit court's order denying her "motion for entry of order adopting settlement agreement and release, to enjoin and for...
EDWARDS , J. Central Florida Investments, Inc., Petitioner ("CFI"), argues that the circuit court, acting in its appellate capacity, departed from the essential requirements of the law by treating CFI's appeal as though it were instead a petition for a writ of certiorari and then dismissing the petition. We agree with CFI that section 162.11, Florida Statutes (2017), provides for a plenary appeal to the circuit court as a matter of right from a final administrative order of an enforcement...
MILLER , J. Petitioners, JJN FLB, LLC, 551 FLB 1, LLC, 551 FLB 2, LLC, 551 FLB 3, LLC, 551 FLB 4, LLC, FLB Hotel, LLC, FLB Restaurant, LLC, FLB R-Units, LLC, FLB U-Units, LLC, and Bilzin Sumberg Baena Price & Axelrod, LLP, seek writs of prohibition to prevent the assigned trial judge from further presiding over their civil disputes against respondents, CFLB Partnership, LLC, CFLB Management, LLC, The Cantor Group Law P.A., Sharon Dresser and The Estate of Steven L. Cantor, Hal J. Webb, Hal...
MILLER , J. Appellant, Soho Realty, LLC ("Soho"), the owner of defined commercial units located within the Alexander All Suite Oceanfront Resort (the "Alexander"), challenges a grant of final summary judgment in favor of appellees, the Alexander Condominium Association, Inc. (the "Association"), Hora Management Program, LLC, and Beach Resort Suites, LLC. 1 In the judgment, the lower tribunal determined that transient guests of the Alexander were not subject to specified registration...
PER CURIAM . The former wife appeals the trial court's final judgment of dissolution of marriage. Specifically, the former wife challenges the trial court's refusal to award permanent alimony and the court's distribution of marital assets. For the reasons articulated below, we reverse for equitable distribution of the USAA Subscriber account and affirm in all other respects. BACKGROUND The parties, Janet Ray Weininger ("Janet") and Michael J. Weininger ("Michael"), were married in...
LINDSEY , J. Harvard Financial, RJR Charitable Holdings, and Tessa Iacoboni appeal an order granting Remy-Calixte's two motions for relief pursuant to Florida Rule of Civil Procedure 1.540 and her motion for summary judgment. For the reasons set forth below, we reverse 1 . I. BACKGROUND This appeal arises from a 2007 foreclosure action (the "2007 Foreclosure Action") that Residential Funding Company brought against Derrick Marbles, Ramon Garcia, and Janice Gessa, three owners of a...
PER CURIAM . Petitioners, defendants below, seek a writ of prohibition disqualifying the trial court judge based upon comments he made at a hearing on a motion to intervene. After denying the motion to intervene, the trial court judge denied a non-existent motion to stay the proceedings. Petitioners had neither filed a motion to stay the proceedings nor suggested that they intended on filing one. Yet, the trial court judge stated that he expected a motion to stay because the defendants...
DECISION WITHOUT PUBLISHED OPINION Denied.
Per Curiam . DISMISSED. See Landmark at Crescent Ridge LP v. Everest Fin., Inc., 219 So.3d 218 , 219 (Fla. 1st DCA 2017) (explaining that where the threshold requirement of irreparable harm is not established, the petition for writ of certiorari must be dismissed). B.L. Thomas, Kelsey, and M.K. Thomas, JJ., concur.
PER CURIAM . Robert Orban, the former husband, appeals a final order finding him in contempt for failing to make timely attorney's fees and costs payments to Susan Rorrer, the former wife, pursuant to two previously entered Fee Orders. Because the trial court did not make findings as to Mr. Orban's ability to pay or his willful violation of the Fee Orders and did not include a purge provision in its contempt order, we reverse. I. BACKGROUND This appeal stems from a divorce proceeding,...
Per Curiam . People's Trust Insurance Company ("People's Trust" or "Insurer") appeals an order dismissing with prejudice its counterclaim for temporary mandatory injunctive relief or specific performance in which it sought to enforce provisions of its policy for appraisal and repair after loss. We reverse the trial court's order to the extent that it dismissed with prejudice Insurer's claim to enforce the provisions of the contract. People's Trust insured the appellee homeowners under a...
MILLER , J. Appellant, Young Land USA, Inc., seeks review of an order granting final summary judgment and quieting title to certain parcels of property in Miami-Dade County, Florida. Appellant contends that the lower tribunal erred in declaring that the realty is owned, without encumbrance, by appellee, Credo LLC, the purchaser at various execution sales conducted by the sheriff, as its lien was improperly extinguished. 1 For the reasons articulated below, we affirm. FACTS Four years...
PER CURIAM . Affirmed. See U.S. Bank Nat'l Ass'n v. Amaya , 254 So.3d 579 , 583 (Fla. 3d DCA 2018) ("Generally, an involuntary dismissal without prejudice does not operate as an adjudication on the merits."); Nationstar Mortg., LLC v. Kee Wing , 210 So.3d 216 , 219 (Fla. 5th DCA 2017) (quoting Home Outlet, LLC v. U.S. Bank Nat'l Ass'n , 194 So.3d 1075 , 1077-78 (Fla. 5th DCA 2016)) ("A party seeking to reestablish a lost note may meet [the requirements of section 673.3091(1) of the...
