DELANT CONSTRUCTION CO v. DEAUVILLE ASSOCIATES LLC (2019)

District Court of Appeal of Florida, Third District.

DELANT CONSTRUCTION CO., Petitioner, v. DEAUVILLE ASSOCIATES, LLC, Respondent.

Nos. 3D19-1596 & 3D19-1605

Decided: November 20, 2019

Before FERNANDEZ, MILLER, and GORDO, JJ.

Baumann, Gant & Keeley, P.A., Gary F. Baumann, and Gerald C. Biondi (Fort Lauderdale), for petitioner. Martinez Morales, LLC, and Raul Morales, Coral Gables, for respondent.

Denied. See Nat'l Union Fire Ins. Co. of Pittsburgh v. Se. Bank, N.A., 476 So. 2d 766, 767 (Fla. 3d DCA 1985) (“A right to subrogation does not arise until judgment is entered or payment has been made.”) (citations omitted); see also Clark v. Bluewater Key RV Ownership Park Prop. Owners Ass'n, Inc., 226 So. 3d 276, 281 (Fla. 3d DCA 2017) (“[T]he decision to sever claims and conduct separate trials pursuant to Florida Rule of Civil Procedure 1.270(b) is within the trial court's discretion.”) (citation omitted); Fla. R. Civ. P. 1.270(b) (“The court in furtherance of convenience or to avoid prejudice may order a separate trial of any claim, crossclaim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, counterclaims, third-party claims, or issues.”).

PER CURIAM.

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