Opinion
No. 3D16–0375.
04-18-2016
Luz Marina PETRUZZELLI, Appellant(s)/Petitioner(s), v. SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC., Appellee(s)/ Respondent(s).
Appellant, defendant below, appeals from the trial court's February 10, 2016 order which denied appellant's motion to dismiss. Appellee, plaintiff below, filed a motion to dismiss appellant's appeal. Appellee's motion asserts that this Court lacks jurisdiction to hear an appeal of the trial court's non-final order which merely denied appellant's motion to dismiss. We issued a separate order requiring appellant to show cause as to why we should not dismiss appellant's appeal for lack of jurisdiction. Appellant has responded to both appellee's motion to dismiss and our order to show cause. Appellant has also filed a motion seeking to amend her response to our order to show cause. After careful consideration, we are compelled to deny appellant's motion for leave to amend, as any such amendment would be futile. This Court lacks subject matter jurisdiction to entertain an appeal of the trial court's February 10, 2016 order; therefore, we dismiss the appeal.
ROTHENBERG, SALTER and SCALES, JJ., concur.