WORKER’S COMPENSATION: APPEALS: NONFINAL ORDERS: ORDER DECLINING TO RULE ON JURISDICTIONAL QUESTION BASED ON LACK OF EVIDENCE WAS NOT APPEALABLE UNDER FLA. R. APP. P. 9.180(b)(1)(A) PROVIDING FOR APPELLATE REVIEW OF NONFINAL ORDERS ADJUDICATING JURISDICTION

Case Decision Date: Reviewed by

Bonafide Masonry v. Saxton, ___ So. 3d ___, 40 Fla. L. Weekly D586 (Fla. 1st DCA March 5, 2015)

An order of the Judge of Compensation claims, declining to rule on a jurisdictional question based on lack of evidence, was not appealable under Fla. R. App. P. 9.180(b)(1)(A), which provides for appellate review of nonfinal orders adjudicating jurisdiction. Instead … Click To Read Full Case Law Review...

APPEALS: PRESERVATION: APPELLANT FAILED TO PRESERVE ISSUE FOR APPEAL BECAUSE IT OBJECTED ON DIFFERENT BASIS IN TRIAL COURT: JURISDICTION: APPELLATE COURT MAY REVIEW ANY MATTER THAT OCCURRED BEFORE NOTICE OF APPEAL WAS FILED: NOTICE OF APPEAL OF FINAL JUDGMENT DOES NOT CREATE JURISDICTION TO REVIEW ORDERS ENTERED AFTER FINAL JUDGMENT

Case Decision Date: Reviewed by

Kelly v. Snietka, ___ So. 3d ___, 40 Fla. L. Weekly D381 (Fla. 4th DCA February 11, 2015)

The appellate court refused to consider this appeal on the merits because the appellant objected on different grounds in the trial court. With regard to its jurisdiction, the court explained, under Fla. R. App. P. 9.110(h), an appellate court “may review … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: CONTINUANCE: APPEALS: RECORD ON APPEAL: BORROWER WAS UNABLE TO ESTABLISH THAT TRIAL COURT ABUSED ITS DISCRETION BY DENYING HIS ORAL MOTION FOR CONTINUANCE BASED UPON HIS LAWYER’S FAILURE TO APPEAR FOR TRIAL BECAUSE OF LACK OF TRIAL TRANSCRIPT, SUBSEQUENT WRITTEN MOTION, WRITTEN ORDER DENYING CONTINUANCE, STATEMENT OF THE EVIDENCE UNDER FLA. R. APP. P. 9.200(b)(4), OR MOTION FOR REHEARING OR RECONSIDERATION

Case Decision Date: Reviewed by

Ramos v. Ventures Trust, ___ So. 3d ___, 40 Fla. L. Weekly D409 (Fla. 3d DCA February 11, 2015)

When the borrower’s lawyer failed to appear for the nonjury trial on the lender’s action to foreclose on its mortgage, the borrower made an oral motion for continuance. The trial court denied the motion and entered final judgment of foreclosure the … Click To Read Full Case Law Review...

APPEALS: TIMELINESS: BANKRUPTCY: PREEMPTION: THE DEADLINE TO FILE A NOTICE OF APPEAL WAS STAYED BY THE APPELLANT’S PETITION FOR BANKRUPTCY

Case Decision Date: Reviewed by

AmMed Surgical Equipment, LLC v. Professional Medical Billing Specialists, LLC, ___ So. 3d ___, 40 Fla. L. Weekly D352 (Fla. 2d DCA February 6, 2015)

Although the defendant filed a notice of appeal 70 days after rendition of a preliminary injunction against it, the court held that the appeal was timely under the unique circumstances of this case. Under Fla. … Click To Read Full Case Law Review...

APPEALS: SUPERSEDEAS: CASH BOND MAY BE POSTED WITH CLERK OF COURT TO SUPERSEDE MONEY JUDGMENT: STATUTORY COURT REGISTRY FEE CHARGED BY CLERK OF COURT IS A TAXABLE APPELLATE COST

Case Decision Date: Reviewed by

Miccosukee Tribe of Indians of South Florida v. Bermudez, ___ So. 3d ___, 40 Fla. L. Weekly D261 (Fla. 3d DCA January 21, 2015)

A defendant may supersede a money judgment during an appeal by posting a cash bond with the clerk of the court. If the defendant does so, the clerk is required to “charge a court registry … Click To Read Full Case Law Review...