Pensacola Beach, Inc. and David A Brannen v. American Fidelity Life Insurance Company

District Court of Appeal of Florida

Pensacola Beach, Inc. and David A Brannen v. American Fidelity Life Insurance Company

221 So. 3d 1289, 2017 WL 3080316, 2017 Fla. App. LEXIS 10469

CourtDistrict Court of Appeal of Florida

DecidedJuly 20, 2017

DocketCASE NO. 1D17-0714

StatusPublished

This text of 221 So. 3d 1289 (Pensacola Beach, Inc. and David A Brannen v. American Fidelity Life Insurance Company) 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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Pensacola Beach, Inc. and David A Brannen v. American Fidelity Life Insurance Company, 221 So. 3d 1289, 2017 WL 3080316, 2017 Fla. App. LEXIS 10469 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

The Court has determined that the Partial Final Judgment in Favor of American Fidelity Life Insurance Company, Santa Rosa Island Authority, and Michael J. Stebbins is not one that disposes of the entire case as to any party or disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims. Fla. R. App. P. 9.110(k). Therefore, the order does not constitute a partial final judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k).

The Court declines to grant appellant’s request to review the Order Denying Motion to Stay Proceedings and the Order Imposing Sanctions and Striking Pleadings of Pensacola Beach, Inc., and David A. *1290 Brannen by petition for writ of certiorari because the Court’s jurisdiction to do so was not invoked in a timely manner. In order to invoke the Court’s certiorari jurisdiction, a petition must be filed within thirty days of rendition of the order to be reviewed. Fla. R. App. P. 9.100(c)(1). The two orders of which appellant seeks certio-rari review were rendered on January 8, 2017. The notice of appeal was filed on February 8, 2017, the thirty-first day following rendition.

The appeal is dismissed for lack of jurisdiction.

ROBERTS, OSTERHAUS, and MX. THOMAS, JJ., CONCUR.

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PER CURIAM.

The Court has determined that the Partial Final Judgment in Favor of American Fidelity Life Insurance Company, Santa Rosa Island Authority, and Michael J. Stebbins is not one that disposes of the entire case as to any party or disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims. Fla. R. App. P. 9.110(k). Therefore, the order does not constitute a partial final judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k).

The Court declines to grant appellant’s request to review the Order Denying Motion to Stay Proceedings and the Order Imposing Sanctions and Striking Pleadings of Pensacola Beach, Inc., and David A. *1290 Brannen by petition for writ of certiorari because the Court’s jurisdiction to do so was not invoked in a timely manner. In order to invoke the Court’s certiorari jurisdiction, a petition must be filed within thirty days of rendition of the order to be reviewed. Fla. R. App. P. 9.100(c)(1). The two orders of which appellant seeks certio-rari review were rendered on January 8, 2017. The notice of appeal was filed on February 8, 2017, the thirty-first day following rendition.

The appeal is dismissed for lack of jurisdiction.

ROBERTS, OSTERHAUS, and MX. THOMAS, JJ., CONCUR.

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Bluebook (online)

221 So. 3d 1289, 2017 WL 3080316, 2017 Fla. App. LEXIS 10469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pensacola-beach-inc-and-david-a-brannen-v-american-fidelity-life-fladistctapp-2017.