The LEYVA-LIMA FAMILY TRUST v. ALAN LIMA
CourtDistrict Court of Appeal of Florida
Date FiledJune 24, 2020
Docket3D19-0825
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed June 24, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-825
Lower Tribunal No. 17-20150
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The Leyva-Lima Family Trust, et al.,
Appellants,
vs.
Alan Lima, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, William Thomas,
Judge.
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., and Jason S.
Koslowe, for appellants.
Hall, Lamb, Hall & Leto, P.A., and Adam J. Lamb, for appellees.
Before FERNANDEZ, SCALES and LINDSEY, JJ.
ON MOTION TO DISMISS APPEAL
PER CURIAM.
Appellants The Leyva-Lima Family Trust, Jessica L. Leyva, and Grove
Harbour Marina & Caribbean Marketplace, LLC seek review of a March 29, 2019
order that appellants characterize in their April 30, 2019 notice of appeal as a final,
appealable order. While the challenged order may adjudicate some of the claims
asserted in appellants’ third amended complaint in lower tribunal number 17-20150,
the order neither concluded the judicial labor in the case as to any party nor
“dispose[d] of a separate and distinct cause of action that [was] not interdependent
with other pleaded claims.” See Fla. R. App. P. 9.110(k). Indeed, the claims
adjudicated in the challenged order are inextricably intertwined with the claims that
remain pending below, making the order non-final and non-appealable. Id.; see
Libman v. Fla. Wellness & Rehab. Ctr., Inc., 260 So. 3d 515, 518 (Fla. 3d DCA
2018) (“It is well-established that ‘[p]iecemeal appeals will not be permitted where
claims are interrelated and involve the same transaction and the same parties remain
in the suit.’” (quoting S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla.
1974))). We, therefore, grant the motion to dismiss the appeal filed by appellees
Alan Lima, The Sonia Lima Trust, Sonia Lima, and Harbour Maintenance, Inc. in
appellate case number 3D19-825. 1
1
Because we grant appellees’ motion for the reasons stated, we do not reach the
issue of, and express no opinion as to, whether the appeal was mooted by virtue of
the parties’ May 2019 confidential settlement agreement and the resulting June 6,
2019 order dismissing with prejudice the underlying case.
2
Appeal dismissed.
3