Background
David E. Milburn, acting as trustee of the James E. Milburn Trust, sought review of an order entered by the County Court for Brevard County in litigation involving Donald and Carla O’Conner, All Florida Grilling Outdoor Kitchens and Stone, LLC, and Sarah Ingram Love as trustee of the Sara C. Milburn Revocable Trust.
The Fifth District’s brief opinion does not describe the underlying facts or the precise terms of the challenged order. It identifies the proceeding as a petition for certiorari review of the county court’s order.
The Court’s Holding
The Fifth District affirmed the county court’s order in a per curiam decision. Chief Judge Jay and Judges Makar and Kilbane concurred.
The court cited decisions treating orders concerning the immediate possession of property in eviction proceedings as appealable nonfinal orders under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). The opinion supplied no additional reasoning and did not expressly state the specific ground on which the county court’s order was affirmed.
Key Takeaways
- The Fifth District affirmed the Brevard County Court’s order.
- The cited authorities concern appellate review of nonfinal orders determining the right to immediate possession of property.
- The opinion provides no factual narrative or independent analysis beyond its citations.
Why It Matters
The decision reinforces that an order determining immediate possession in an eviction matter may be reviewable as an appealable nonfinal order. Because the court issued only a citation affirmance, its significance is limited to the disposition and the principles reflected in the cited authorities.