Appellate Law

Gator Boring & Trenching Westra Construction Corp.

Although appellate court did not have jurisdiction to consider appeal of a partial summary judgment dismissing a subcontractor’s lien on basis it was fraudulent as there was a count pending between the parties, it treated the appeal as a petition for writ of certiorari and granted the writ because the subcontractor would be without a remedy if it had to wait to appeal a final judgment and the co-defendant surety company in the interim were released from its obligation under the surety bond.  Gator Boring & Trenching, Inc. v. Westra Construction Corp., 41 Fla. L. Weekly D2269 (Fla. 2d DCA Oct. 5, 2016).

Anderson v. Epstein

Appellate dismissed condominium unit owner’s appeal of decision dismissing counts for injunctive relief because the order was non-final and nonappealable as there remained pending a count seeking damages. Anderson v. Epstein, 41 Fla. L. Weekly D2211 (Fla. 3d DCA Sept. 28, 2016).

Gomez v. Fradin

The trial court’s denial of a motion to substitute parties after one of the parties has died is a non-final, non-appealable order.  Gomez v. Fradin, 41 Fla. L. Weekly D2132 (Fla. 4th DCA Sept. 14, 2016).


School Board of Hillsborough County v. Tenney

In a case involving the termination of a teacher, the circuit court sitting in its appellate capacity erred by reviewing the case de novo instead of applying the competent and substantial evidence standard.  School Board of Hillsborough County v. Tenney, 41 Fla. L. Weekly D2149 (Fla. 2d DCA Sept. 16 2016).

O’Connor v. Indian River County Fire Rescue

On rehearing, the First District Court of Appeal withdrew its opinion requiring an attorney to pay the opposing party’s appellate attorney’s fees as a sanction for lack of candor by using an appeal of a cost order to review an attorney’s fees order (which is reviewable by certiorari), determining “that the admonishment in this opinion is a sufficient sanction.”  O’Connor v. Indian River County Fire Rescue, 41 Fla. L. Weekly D1773 (Fla. 1st DCA August 2, 2016).

Rosenfeld v. Miami-Dade County

Circuit court, sitting in its appellate capacity, did not depart from essential requirements of law by rendering “an unelaborated, per curiam affirmance of the hearing examiner’s order” that County water department was not liable for excessive usage due to a faulty toilet flapper even though property owner did not become aware of problem until after receiving quarterly bill.  Rosenfeld v. Miami-Dade County, 41 Fla. L. Weekly D1717 (Fla. 3d DCA July 27, 2016).