583 So. 2d 433 | Fla. Dist. Ct. App. | 1991
This non-final appeal arose from the trial court’s order striking the pleadings of
Rule 9.180 provides that non-final orders are only reviewable when they concern the following issues:
(A) Venue.
(B) The granting, continuance, modification, denial or dissolution of injunctions, or the refusal to modify or dissolve injunctions.
(C)The determination of:
(i) Jurisdiction of the person.
(ii) Right to immediate possession of property.
(iii) Right to immediate monetary relief or child custody in domestic relations matters.
(iv) Liability in favor of a party seeking affirmative relief.
(v) Whether a party is entitled to arbitration.
In the case at bar the order appealed from does not fit into any of the categories listed above and therefore the notice of appeal of this particular matter was filed prematurely. In order for jurisdiction to lie under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) the appellee would have had to proceed (i.e., by motion for partial summary judgment or judgment on the pleadings) to an order that specifically found liability against appellants, if not a final judgment.
In some cases an improperly filed appeal can be treated by the appellate court as a petition for writ of certiorari. This is so when the order violates the essential requirements of law
This non-final appeal is therefore dismissed, sua sponte.
. As we are without jurisdiction to consider this case, we do not reach a determination of whether or not the order complained of violates the essential requirements of law.