David E. Milburn, as Trustee of the James E. Milburn Trust U/T/D July 16, 2008, as Amended and Restated July 8, 2021 v. Donald O'Conner, Carla O'Conner, All Florida Grilling Outdoor Kitchens and Stone, LLC, and Sarah Ingram Love, as Trustee of the Sara C. Milburn Revocable Trust U/A/D July 16, 2008, as Amended on July 8, 2021

Opinion

FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA

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Case No. 5D2025-1956

LT Case No. 05-2024-CC-054927

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DAVID E. MILBURN, as Trustee of the James E. Milburn Trust u/t/d July 16, 2008, as Amended and Restated July 8, 2021,

Petitioner,

v.

DONALD O’CONNER, CARLA O’CONNER, ALL FLORIDA GRILLING OUTDOOR KITCHENS AND STONE, LLC, and SARAH INGRAM LOVE, as Trustee of the Sara C. Milburn Revocable Trust u/a/d July 16, 2008, as Amended on July 8, 2021,

Respondents.

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Petition for Certiorari Review of Order From the County Court for Brevard County. Michelle Vitt Baker, Judge.

W. Nathan Meloon and Scott Widerman, of Widerman Malek P.L., Melbourne, for Petitioner David E. Milburn, as Trustee of the James E. Milburn Trust u/t/d July 16, 2008, as Amended and Restated July 8, 2021.

Bradly Roger Bettin, Sr., of Goldman, Monaghan, Thakkar & Bettin, PA, Cocoa, for Respondents, Donald O’Conner and Carla O’Conner.

James D. Henderson, of Frese, Whitehead, Anderson & Henderson, P.A., Melbourne, for Respondent, Sarah Ingram Love, as Trustee of the Sara C. Milburn Revocable Trust u/a/d July 16, 2008, as Amended on July 8, 2021.

No Appearance for Remaining Respondent.

August 28, 2026

PER CURIAM.

AFFIRMED. See First Hanover v. Vazquez, 848 So. 2d 1188, 1189 (Fla. 3d DCA 2003) (finding that the trial court order denying motion for default and writ of possession for non-payment of rent was an appealable nonfinal order because it determined the right to immediate possession of property); Home Pipeline Holdings, LLC v. Nicolas, 420 So. 3d 1128, 1129 (Fla. 3d DCA 2025 (reversing and remanding the county court’s order that stayed a writ of possession that was issued pursuant to Chapter 83 and transferred the eviction action to the circuit court following appellate review pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(c)(ii)).

JAY, C.J., and MAKAR and KILBANE, JJ., concur.

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Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

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