EQUITY ESTATES WATERSOUND LLC II LLC v. WATERSOUND BEACH COMMUNITY ASSOCIATION INC (2023)

District Court of Appeal of Florida, First District.

EQUITY ESTATES WATERSOUND, LLC and X II, LLC, Appellants, v. WATERSOUND BEACH COMMUNITY ASSOCIATION, INC., a Florida not-for-profit Corporation, Appellee.

No. 1D22-3852

Decided: April 19, 2023

David B. Pleat of Pleat & Perry, P.A., Destin, for Appellants. Gary A. Shipman of Dunlap & Shipman, P.A., Santa Rosa Beach, for Appellee.

The Court dismisses this case for lack of jurisdiction. The order rendered May 6, 2022, was not a final judgment nor partial final judgment such that Appellants’ motion for rehearing failed to toll rendition. See Lovelace v. Lovelace, 124 So. 3d 447 (Fla. 1st DCA 2013) (“The law in Florida is well settled that a motion for rehearing or reconsideration does not toll the time for filing an appeal from a non-final order reviewable pursuant to the provisions of Florida Rule of Appellate Procedure 9.130.”) To the extent the May 6, 2022, order could have been appealed as a non-final order, Appellants failed to timely seek review of that order.

The Court denies all pending motions as moot.

Per Curiam.

Ray, Osterhaus, and Winokur, JJ., concur.

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