From Casetext: Smarter Legal Research

Holiday Isle, LLC v. McLeod

District Court of Appeal of Florida, First District
Aug 12, 2008
987 So. 2d 812 (Fla. Dist. Ct. App. 2008)

Opinion

Nos. 1D08-1239, 1D08-1394, 1D08-1396.

August 12, 2008.

An appeal from the Circuit Court for Escambia County. Frank Bell, Judge.

Thomas. M. Wood of Burr Forman, LLP, Mobile, for Appellant.

Michael C. Rayboun of Anchors, Smith, Grimsley, Tallahassee, for Appellees.


Appellant seeks to challenge the trial court's order denying its request for dismissal of the cases against it, but granting its request to compel the parties to arbitration. Because Appellant's motion specifically sought dismissal of the case or an order compelling arbitration and the trial court ruled in Appellant's favor by granting one of its chosen forms of relief, Appellant does not have standing to challenge the order on appeal. See Dep't of Health v. Fresenius Med. Care Holdings, Inc., 935 So.2d 636 (Fla. 1st DCA 2006) (citing N. Shore Bank v. Town of Surfside, 72 So.2d 659 (Fla. 1954); Credit Indus. Co. v. Remark Chem. Co., 67 So.2d 540 (Fla. 1953)). We therefore DISMISS this appeal for lack of standing.

ALLEN, DAVIS, and HAWKES, JJ., concur.


Summaries of

Holiday Isle, LLC v. McLeod

District Court of Appeal of Florida, First District
Aug 12, 2008
987 So. 2d 812 (Fla. Dist. Ct. App. 2008)
Case details for

Holiday Isle, LLC v. McLeod

Case Details

Full title:HOLIDAY ISLE, LLC, Appellant, v. ALAN L. McLEOD, JR., Robert Tortajada…

Court:District Court of Appeal of Florida, First District

Date published: Aug 12, 2008

Citations

987 So. 2d 812 (Fla. Dist. Ct. App. 2008)