Background
Aklipse Asset Management, Inc. appealed from proceedings in two Volusia County circuit-court cases involving Security First Insurance Company, d/b/a Security First Florida. Dennis P. Craig was the circuit judge.
The Fifth District’s brief per curiam decision does not describe the underlying claims or the specific order Aklipse sought to challenge.
The Court’s Holding
The Fifth District dismissed the appeals as premature. Under Florida Rule of Appellate Procedure 9.110(l), an appeal filed before rendition of a final order is subject to dismissal.
The court also cited Garrido v. SafePoint Insurance Co. for the proposition that it lacks jurisdiction over an order that is neither final nor among the appealable nonfinal orders listed in Rule 9.130(a)(3). It further noted that, apart from a voluntary dismissal under Rule 1.420(a), a party’s filing alone does not finally adjudicate a claim without a subsequent trial-court order.
Key Takeaways
- An appeal filed before entry of a final order may be dismissed as premature.
- Appellate jurisdiction over nonfinal orders exists only when the order falls within an authorized category.
- A party filing, standing alone, ordinarily does not constitute a final merits adjudication.
Why It Matters
The decision underscores the need to confirm that a final, rendered order exists before filing a notice of appeal. Parties seeking review of interlocutory rulings must also identify a rule authorizing nonfinal appellate review.