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Barbara Ann Kelly v. SunTrust Bank, 17-5182 (2019)

Court: District Court of Appeal of Florida Number: 17-5182 Visitors: 13
Filed: May 16, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-5182 _ BARBARA ANN KELLY, Appellant, v. SUNTRUST BANK, Appellee. _ On appeal from the Circuit Court for Walton County. Jeffrey E. Lewis, Judge. May 16, 2019 PER CURIAM. Barbara Kelly appeals an order denying her “emergency motion for injunction”—which sought a “moratorium” in her foreclosure case prohibiting the trial court from acting—even though final judgment had been granted in favor of SunTrust Bank over a year earlier. Because Kell
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D17-5182
                  _____________________________

BARBARA ANN KELLY,

    Appellant,

    v.

SUNTRUST BANK,

    Appellee.
                  _____________________________

On appeal from the Circuit Court for Walton County.
Jeffrey E. Lewis, Judge.

                           May 16, 2019

PER CURIAM.

     Barbara Kelly appeals an order denying her “emergency
motion for injunction”—which sought a “moratorium” in her
foreclosure case prohibiting the trial court from acting—even
though final judgment had been granted in favor of SunTrust Bank
over a year earlier. Because Kelly’s “emergency motion for
injunction” did not actually seek injunctive relief, the order
denying it is not appealable. See Loidl v. I & E Group, Inc., 
927 So. 2d
1016, 1018 (Fla. 2d DCA 2006) (“[I]t is not an order which
directs or precludes the party from taking a certain action outside
of the lawsuit. Therefore, it is not properly appealed under rule
9.130(a)(3)(B).”); cf. Stanfield v. Florida Dep’t of Children &
Families, 
698 So. 2d 321
, 322 (Fla. 3d DCA 1997) (“[T]his order is
an Injunction entered by the trial court because the effect and
purpose of the order is to enjoin [the opposing party] from doing
those acts enumerated in the order.”). We DISMISS Kelly’s appeal.
WOLF, KELSEY, and WINOKUR, JJ., concur.

                _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________

Barbara Ann Kelly, pro se, Appellant.

Amelia Hallenberg Beard of McCalla, Raymer, Leibert, Pierce,
LLC, Orlando, for Appellee.




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Source:  CourtListener

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