LEYVA LIMA FAMILY TRUST v. LIMA (2020)

Appellants The Leyva-Lima Family Trust, Jessica L. Leyva, and Grove Harbour Marina & Caribbean Marketplace, LLC seek review of a March 29, 2019 order that appellants characterize in their April 30, 2019 notice of appeal as a final, appealable order. While the challenged order may adjudicate some of the claims asserted in appellants' third amended complaint in lower tribunal number 17-20150, the order neither concluded the judicial labor in the case as to any party nor “dispose[d] of a separate and distinct cause of action that [was] not interdependent with other pleaded claims.” See Fla. R. App. P. 9.110(k). Indeed, the claims adjudicated in the challenged order are inextricably intertwined with the claims that remain pending below, making the order non-final and non-appealable. Id.; see Libman v. Fla. Wellness & Rehab. Ctr., Inc., 260 So. 3d 515, 518 (Fla. 3d DCA 2018) (“It is well-established that ‘[p]iecemeal appeals will not be permitted where claims are interrelated and involve the same transaction and the same parties remain in the suit.’ ” (quoting S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974))). We, therefore, grant the motion to dismiss the appeal filed by appellees Alan Lima, The Sonia Lima Trust, Sonia Lima, and Harbour Maintenance, Inc. in appellate case number 3D19-825.¹

Appeal dismissed.

FOOTNOTES

1.   Because we grant appellees' motion for the reasons stated, we do not reach the issue of, and express no opinion as to, whether the appeal was mooted by virtue of the parties' May 2019 confidential settlement agreement and the resulting June 6, 2019 order dismissing with prejudice the underlying case.

PER CURIAM.