A recent case from Florida’s Third District Court of Appeal once again reminds appellate practitioners to be mindful as to whether the order they are appealing is final. On June 4, 2014, the Third District dismissed an appeal from an order on plaintiff’s motion for final summary judgment. The case involved a dispute over a lease of waterfront property. The trial court’s order concluded that both sides violated the lease in different ways, but the order “stopped short of deciding who was entitled to possession of the leasehold.” Instead, the order concluded: “[t]his case should not proceed any further and the sensible resolution is for the parties to come to an equitable agreement and part ways without further expenditure of assets on this action which has no prevailing party in the court’s view.”
Commending the trial court for its “great wisdom,” but noting that the parties did not follow the court’s “sage advice,” the Third District explained that the trial court’s labor was not at an end “until the trial court enters a final judgment that resolves the causes of action pled by the Plaintiff in its complaint and the Defendants in their counterclaim.” The case is Chalks Airlines v. Miami Sports, 3D13-594, and can be read here.