CENTRO CRISTIANO DE AMOR FE INC v. ASSET MANAGEMENT CORPORATION (2021)

The parties’ Responses to this Court's August 19, 2021, Order to Show Cause are noted.

Appellant, the defendant/counter-plaintiff/cross-plaintiff below, seeks review of a December 16, 2020, order granting partial final summary judgment against Appellant on its counterclaims and crossclaims. Because Appellant's counterclaims and crossclaims are inextricably intertwined with Appellee's pending foreclosure claim, the challenged order is not final. The Court, therefore, lacks jurisdiction to review the challenged order and declines Appellant's invitation to treat its appeal as a petition for writ of certiorari. See Fla. R. App. P. 9.110(k); Maya v. Deutsche Bank Nat'l Tr. Co., 301 So. 3d 945 (Fla. 3d DCA 2019) (unpublished table decision). The Court dismisses Appellant's appeal without prejudice to Appellant filing an appeal at the conclusion of the case. Almacenes El Globo De Quito v. Dalbeta L.C., 181 So. 3d 559 (Fla. 3d DCA 2015).

Upon consideration, Appellant's Motion for Rehearing and/or Reconsideration of the Court's Order dated September 8, 2021, is hereby denied. See Jensen v. Whetstine, 985 So.2d 1218 (Fla. 1st DCA 2008) (dismissing appeal when there is any factual overlap between a remaining claim and a claim adjudicated by an interlocutory order, calling into question the continued validity of Mendez v. W. Flagler Fam. Ass'n, Inc., 303 So.2d 1 (Fla. 1974) in light of the adoption of Florida Rule of Appellate Procedure 9.110(k)).

cc: Hubert G. Menendez Jon Polenberg Jude C. Cooper Steven G. Hurley

EMAS, LOGUE and SCALES, JJ., concur.