EDDY LEAL v. WEST GROVE DEVELOPMENT CORP (2018)

District Court of Appeal of Florida, Third District.

EDDY LEAL, P.A., Appellant(s)/Petitioner(s), v. WEST GROVE DEVELOPMENT CORP., etc., et al., Appellee(s)/Respondent(s),

CASE NO.: 3D18-1728

Decided: September 25, 2018

Appellant's response to appellee Orlando Benitez, Jr.'s motion to dismiss is noted. We dismiss the appeal from the order granting Plaintiff's motion to release funds held in the court registry to the trust account of Plaintiff mortgagee's counsel, because we decline to consider an appeal from an “agreed” order. We grant appellee Orlando Benitez, Jr.'s motion to dismiss the appeal, albeit based incorrectly on untimeliness, from the order denying appellant's motion to release funds held in the court registry to satisfy judgment because it is an appeal taken from a non-final, non-appealable order. Mahaney v. King, 862 So. 2d 867 (Fla. 5th DCA 2003); Philip Morris Inc. v. Jett, 802 So. 2d 353 (Fla. 3d DCA 2001), rev. denied, 821 So. 2d 300 (Fla. 2002).

SUAREZ, LOGUE and LINDSEY, JJ., concur.

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