Think You Can Appeal That Property Ruling? Florida Law Says Not So Fast
When a Florida property dispute goes against you, the immediate instinct is to appeal the decision immediately. That’s understandable. But Florida appellate law doesn’t allow every trial court ruling to be challenged right away. A recent Florida District Court of Appeal decision involving resort property, restrictive covenants, and easement rights highlights an important point: before filing an appeal, you must determine whether the order is actually appealable. If you recently won or lost at trial in Florida, read on to learn more.
What Happened in the New Venture of Destin v. Silver Shells?
The case began with a dispute involving common properties at the Silver Shells resort in Destin, including restrictive covenants and easement rights. New Venture of Destin, LLC, and Damon Becnel challenged a trial court order granting summary judgment to Silver Shells on claims involving title and easement rights in certain common properties.
New Venture of Destin, LLC appealed, but the First DCA dismissed the appeal. But the reason for dismissal was not because the appellate court agreed with Silver Shells on the underlying dispute. The court didn’t even reach the question. Instead, it determined that the order was not immediately appealable under Florida’s appellate rules.
While the trial court had granted summary judgment on several claims, it had not entered a final judgment. The First DCA explained that an order granting summary judgment generally establishes a party’s entitlement to judgment, but does not necessarily enter the final judgment that resolves the case.
New Venture argued that the order could still be reviewed as a non-final order under Florida Rule of Appellate Procedure 9.130 because it allegedly involved an injunction or determined the immediate right to possession of property. However, the appellate court disagreed, noting that the order was not an injunction because it did not preserve the status quo or direct New Venture to take or refrain from taking a specific action. Since Rule 9.130 gives narrow limits on which non-final orders may be appealed, the court concluded that it lacked jurisdiction, and the case was therefore dismissed.
Why Filing an Appeal Too Soon Can Backfire
Disagreeing with a trial court’s ruling is not enough to create an immediate right to appeal. While Florida appellate rules permit immediate review of certain nonfinal orders, courts interpret those categories very narrowly. The purpose of this is to prevent every intermediate ruling from stopping a case and moving it to the appellate courts before the trial proceedings are complete.
If you are a property owner or developer involved in a real estate litigation case in Florida, the concern shouldn’t just be whether the judge ruled against you. It should be what kind of order was entered, and whether it is appealable right away. Filing the wrong type of appeal can result in dismissal rather than review of the underlying property dispute. The type of appeal is just as important as the arguments you want the appellate court to consider.
Before appealing, consider:
- Whether the order is final or nonfinal
- Whether the trial court has resolved the entire case or particular claims
- Whether another procedural step must occur before the appeal is available
- Whether waiting for the final judgment could affect your appellate rights or deadlines
Contact Us for Legal Help
If you are considering an appeal following a Florida real estate ruling, contact our Miami real estate litigation lawyer at Valero Law today by calling 305-607-7011 to evaluate the order and discuss your options. We serve clients in Davie, Coconut Grove, Broward County, and Miami-Dade County.
Source:
scholar.google.com/scholar_case?case=16654193354344640787&q=NEW+VENTURE+OF+DESTIN,LLCandDAMON+BECNEL,+Appellants,v.+SILVER+SHELLS+PROPERTY+OWNERS+ASSOCIATION,INC&hl=en&as_sdt=4,10
