September 30th, 2014
An appeal was recently dismissed when the appellate court determined that the order being reviewed in an eviction matter dealt simply with the payment of rent into the court registry. The appellate court held that the order determining rent into the court registry did not determine immediate possession of the property at issue and therefore, pursuant to Florida Rule of Appellate Procedure 9.130(a)(3) it was an unappealable non-final order. The appellate court dismissed the appeal for lack of jurisdiction. See opinion below.
GLORIA D. JOHN and GEORGE T. JOHN, SR. Appellants, v. GEORGE L. NELSON, Appellee. Circuit Court, 5th Judicial Circuit (Appellate) in and for Marion County. Case No. 2014-AP-11. L.T. Case No. 2014-SC-1460. January 12, 2015. Counsel: Natalie N. Maxwell, Community Legal Services of Mid-Florida, Inc., Ocala, for Appellants. Miquel Mack, Ocala, for Appellee.
ORDER DISMISSING APPEAL
(SEMENTO, Judg.) This matter came before the court on Appellants’ Notice of Appeal. The court has reviewed the Notice, case file, and been otherwise fully advised in the premises.
Appellants seek review of a non-final order determining Appellants owed $4,280.00 in rent; requiring them to deposit $4,280.00 into the Court Registry; and denying their motion to dismiss. Rule 9.130(a)(3)(C)(ii), Florida Rules of Appellate Procedure, permits appeals from non-final orders determining immediate possession of property. The non-final order does not determine immediate possession of property and, therefore, this court does not have jurisdiction to consider this appeal. Accordingly, it is
ORDERED AND ADJUDGED that this appeal is DISMISSED FOR LACK OF JURISDICTION. (FALVEY, C., and HODGES, R., J.J., concur.)
Order on Payment of Rent into Court Registry is Non-Final