KSA ENTERTAINMENT LLC v. MIKE DRYBURGH (2023)

Upon consideration, Appellee Mike Dryburgh's Motion to Dismiss Appeal is granted.

The notice to appear is not a final order appealable in its own right. The Notice of Appeal makes clear that this appeal pertains to the order granting the motion for proceedings supplementary, even though it purports to result from the rendering of the Notice of Appeal entered almost two (2) years later. Pertinent to the instant appeal, because an order granting a motion for proceedings supplementary is not a final judgment, a motion seeking to reconsider (or vacate) would not toll the time to appeal such an order. The notice to appear that resulted from the denial of the motion to vacate similarly does not provide a separate basis for a plenary appeal, nor does it extend the time to appeal the original order. See Bryant v. Wells Fargo Bank, N.A., 182 So. 3d 927, 929-30 (Fla. 3d DCA 2016) (“[W]e note that a motion to vacate pursuant to Rule 1.540(b) cannot be directed toward non-final orders.”); see also Garcia v. Navy Fed. Credit Union, 224 So. 3d 339, 340 (Fla. 5th DCA 2017) (“[A]n order entered on a motion to vacate a non-final order, even where the motion mislabels the non-final order as final, is not reviewable under Florida Rule of Appellate Procedure 9.130(a)(5)”) (quoting Bennett's Leasing, Inc. v. First St. Mortg. Corp., 870 So. 2d 93, 98 (Fla. 1st DCA 2003); Princess Cruises, Inc. v. Edwards, 611 So. 2d 598 (Fla. 2d DCA 1993).

SCALES, LINDSEY and BOKOR, JJ., concur.