Court Filings

The Sixth District Court of Appeal reviewed a nonfinal trial-court order in a landlord-tenant dispute. The court affirmed the portions of the order that related to the landlord’s summary proceedings for possession, but dismissed the appeal as to the trial court’s determination on a tenants’ motion to determine rents for lack of appellate jurisdiction. The panel held that Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii) limits interlocutory appeals to orders determining the right to immediate possession, and an order resolving rents is not an enumerated, appealable nonfinal order.

The Third District affirmed most of the trial court's summary judgment in favor of FAM Productions and Herrera, holding that plaintiff Saldana's claims based on four successive loans are limited to a single claim against FAM Productions (Washington) on the fourth loan and that neither FAM (Florida) nor Herrera are liable on the notes. The panel reversed the portion of the judgment dismissing Saldana’s claim against FAM (Washington) without prejudice to arbitration because the trial court did not resolve Saldana’s argument that FAM (Washington) waived arbitration by its litigation conduct. The case is remanded for the trial court to decide waiver in the first instance.

The Fourth District Court of Appeal reversed and remanded a final judgment for the property owner against Berman Construction arising from a fire that destroyed a home during renovation. The trial court had denied the contractor’s requested interrogatory asking whether the contractor was excused from performance under a contract risk-of-loss clause allocating certain perils to the owner. The appeals court held the denial was an abuse of discretion because the affirmative defense tied to section 15.9 was unresolved and the jury should have been able to decide whether the fire was caused by an owner-borne peril, such as arson or other events beyond the contractor’s reasonable control.