Appellants, property owners, appeal the trial court’s denial of their motion to enforce an order of taking. The court denied their motion to enforce a provision in the order of taking that required Appel-lee to replace, among other things, “trees, landscaping, grasses, shrubbery, [and] crops” (the tree-replacement obligation). Appellants claim the denial of the motion to enforce the tree-replacement obligation, contained within a schedule attached to the order of taking, was an order determining “the right to immediate possession of property.” They therefore assert the denial was appealable via Rule of Appellate Procedure 9.130(a)(3)(c)(ii). We disagree.
Our supreme court has “carefully created” each category of non-final order subject to interlocutory review after input and weighing various policy considerations, “such as increased appellate workload and concomitant delay in ... resolution.” Citizens Prop. Ins. Corp. v. San Perdido Ass’n, Inc.,
Here, quite simply, no trees/shrubs/grasses exist. Appellee clear cut them. Thus, instead of the right to immediate possession of the property (i.e., trees), Appellants seek enforcement of a contractual right to replacement of unspecified property. They do not claim a right to possession of identifiable property as required by Rule 9.130(a)(3)(c)(ii). In ad
Accordingly, the order on appeal is non-final and non-appealable. This court does not have jurisdiction to review it. Appellants’ appeal is DISMISSED.
Notes
. By concession, in both its brief and at oral argument, and enforceable on remand, Appel-lee has explained that it "has an obligation.” The extent of Appellee’s obligation is a matter for the trial court to address via Appellants’ counterclaims.
