R. Hasner Holdings, Inc. v. Garcia
R. Hasner Holdings, Inc. v. Garcia
Opinion of the Court
ON MOTION TO DISMISS
We take the time to write an opinion on appellee’s motion to dismiss the appeal because of the notion that by doing so we add a footnote to the existing body of law.
At issue is whether the entry of a final declaratory judgment as to one count of a multi-count complaint entitles appellant to an appeal therefrom when the remaining counts arise out of the same transaction, are interrelated and are all contractual in nature. We conclude that appeal will not presently lie under such circumstances, and grant the motion.
Count I sought declaratory judgment, construing a promissory note and mortgage. Count II sought foreclosure of the mortgage. The trial court deferred consideration of Count II until disposition had been made of Count I.
Recognizing that a declaratory judgment has the force and effect of a final judgment
Let us assume that the plaintiffs here had opted to file a one-count complaint to foreclose the mortgage, alleging the construction of the documents in a light most favorable to the plaintiffs, without seeking judicial declaration per se of the construction sought. Let us assume further that before allowing the mechanics of foreclosure to begin, the court made a finding with respect to certain paragraphs within the count that supported the plaintiffs’ position. We believe an appeal would have been unavailable as would certiorari. Accordingly, neither should be available simply because of the manner in which the allegations were presented and the form of the findings. The parties remain the same, as do the battle lines.
. § 86.011, Fla.Stat. (1983). See Eastern Shores Sales Co. v. City of North Miami Beach, 363 So.2d 321, 323 (Fla. 1978).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.