STAV SOFTWARE LLC v. 5979 ALTON ROAD LAND TRUST DATED AUGUST 2020 (2022)

Appellant's Response in Opposition to the Motion to Dismiss Appeal is noted.

On October 18, 2022, Appellant filed a Notice of Appeal seeking appellate review of a September 23, 2022, trial court order that entered summary judgment in favor of Appellee. Appellee's motion below, and the challenged order, were directed toward one (1) count (seeking specific performance) of Appellant's four (4) count complaint against Appellee and other defendants. Since the other counts, based upon the same real estate transaction, remain pending below, the challenged order is non-final and non-appealable.

This Court, therefore, lacks jurisdiction to adjudicate this appeal, and is compelled to grant Appellee's Motion to Dismiss Appeal, and dismiss the instant appeal as premature. See Homeowners Choice Prop. & Cas. Ins. Co. v. Fraser, 346 So. 3d 228 (Fla. 3d DCA 2022); Koe v. Citizens Prop. Ins. Corp., 225 So. 3d 983 (Fla. 3d DCA 2017); Camargo v. Prime W., Inc., 225 So. 3d 912, 913 (Fla. 3d DCA 2017).

SCALES, LINDSEY and LOBREE, JJ., concur.