Bishop v. State Farm Florida Insurance Co.

District Court of Appeal of Florida

Bishop v. State Farm Florida Insurance Co.

923 So. 2d 1235, 2006 Fla. App. LEXIS 4183, 2006 WL 722207

CourtDistrict Court of Appeal of Florida

DecidedMarch 23, 2006

DocketNo. 1D05-5764

StatusPublished

This text of 923 So. 2d 1235 (Bishop v. State Farm Florida Insurance Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bishop v. State Farm Florida Insurance Co., 923 So. 2d 1235, 2006 Fla. App. LEXIS 4183, 2006 WL 722207 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Having considered the appellants’ response to this Court’s order of December 30, 2005, as well as the attached documents, this appeal is hereby DISMISSED for lack of jurisdiction. See Hemmerle v. Miceli, 445 So.2d 1151 (Fla. 2d DCA 1984). The order captioned “Final Judgment on Default,” entered on August 9, 2005, reserved jurisdiction to address unliquidated damages and prejudgment interest. Therefore, the Final Judgment on Default is not a final order. Couch v. Tropical Breeze Resort Ass’n, Inc., 867 So.2d 1219 (Fla. 1st DCA 2004) (recognizing reservation of jurisdiction over substantive claims renders order captioned as a Final Judgment nonfinal). Because this underlying order is not final, the motion seeking to set aside the Final Judgment on Default was not a motion for relief from judgment filed pursuant to rule 1.540, Florida Rules of [1236]*1236Civil Procedure. See Bennett’s Leasing, Inc. v. First Street Mortgage Corp., 870 So.2d 93, 97-98 (Fla. 1st DCA 2003). Therefore, the instant order on this motion is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(5). Id.

In light of this dismissal, all pending motions are hereby denied as moot.

BENTON, LEWIS and POLSTON, JJ., concur.

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PER CURIAM.

Having considered the appellants’ response to this Court’s order of December 30, 2005, as well as the attached documents, this appeal is hereby DISMISSED for lack of jurisdiction. See Hemmerle v. Miceli, 445 So.2d 1151 (Fla. 2d DCA 1984). The order captioned “Final Judgment on Default,” entered on August 9, 2005, reserved jurisdiction to address unliquidated damages and prejudgment interest. Therefore, the Final Judgment on Default is not a final order. Couch v. Tropical Breeze Resort Ass’n, Inc., 867 So.2d 1219 (Fla. 1st DCA 2004) (recognizing reservation of jurisdiction over substantive claims renders order captioned as a Final Judgment nonfinal). Because this underlying order is not final, the motion seeking to set aside the Final Judgment on Default was not a motion for relief from judgment filed pursuant to rule 1.540, Florida Rules of [1236]*1236Civil Procedure. See Bennett’s Leasing, Inc. v. First Street Mortgage Corp., 870 So.2d 93, 97-98 (Fla. 1st DCA 2003). Therefore, the instant order on this motion is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(5). Id.

In light of this dismissal, all pending motions are hereby denied as moot.

BENTON, LEWIS and POLSTON, JJ., concur.

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923 So. 2d 1235, 2006 Fla. App. LEXIS 4183, 2006 WL 722207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bishop-v-state-farm-florida-insurance-co-fladistctapp-2006.

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