Hargrove v. Meadows Development of Northwest Florida, Inc.

Full title: Sherron Hobbie HARGROVE, Jr., d/b/a B H Contracting, Appellant, v. MEADOWS…

Court: District Court of Appeal of Florida, First District

Date published: Dec 10, 2004

888 So. 2d 735 (Fla. Dist. Ct. App. 2004)

Opinion

No. 1D04-3928.

December 10, 2004.

An appeal from the Circuit Court for Santa Rosa County. Paul A. Rasmussen, Judge.

Mark A. Bednar, Pensacola, for Appellant.

Lisa Menshew, Pensacola, for Appellee.

PER CURIAM.

The appellant brought this appeal seeking review of an "Order Denying Plaintiff's Motion to Reinstate Claim of Lien and Lis Pendens and to Establish Bond," in which the trial court treated appellant's Motion to Establish Bond as a motion to stay a previously entered nonfinal order. See Hargrove v. Meadows Development of Northwest Florida, Inc., 869 So.2d 1275 (Fla. 1st DCA 2004). The Court lacks appellate jurisdiction to review the instant order because it is neither a final order nor an appealable nonfinal order pursuant to Florida Rule of Appellate Procedure 9.130. See Fla.R.App.P. 9.030(b)(1). Additionally, the appellant's motion below raised issues that are factually related to issues raised in the complaint and counterclaim, which remain pending in the trial court. See Pace v. Waste Management, Inc. 855 So.2d 1239, 1240 (Fla. 1st DCA 2003) (providing that claims stemming from a single transaction and the same set of facts are related). Therefore, the instant order is not a partial final judgment. Id.

DISMISSED.

ERVIN, BARFIELD, and KAHN, JJ., concur.