Morton & Oxley, Ltd. v. Eby
Morton & Oxley, Ltd. v. Eby
Opinion of the Court
Appellants, defendants below, Morton & Oxley, Ltd., and Greg Mayer, an officer of Morton & Oxley, Ltd. (collectively the Trustee), challenge three nonfinal orders in this action dealing with the alleged misappropriation of trust assets. We have jurisdiction to review the “Order on Jean Eby and Charles Ebys’ Motion to Release Money Held in Court Registry to Pay Taxes” as an order determining the right to the immediate possession of property, see Fla. R.App. P. 9.130(a)(3)(C)(ii), and we affirm that order without comment.
The Trustee also seeks review of the “Order on Defendants’ Motion to Order Removal of Funds in Clerk’s Custody and Return and Post Same to Trust Accounts.” The trial court characterized the motion as a motion for rehearing of the court’s earlier order granting a temporary injunction
Finally, the Trustee challenges the “Order on Defendants’ Motion to Dismiss Plaintiffs’ Complaint For Failure to Name Indispensable Parties and Because Plaintiffs Have No Standing.” The trial court denied the motion without prejudice. The denial of a motion to dismiss a complaint is a nonfinal order, and the denial of a motion to dismiss for failure to name indispensable parties or for lack of standing is not listed as an appealable nonfinal order in rule 9.130(a). See Supal v. Pelot, 469 So.2d 949 (Fla. 5th DCA 1985) (recognizing that an order denying a motion to dismiss based on a lack of standing is not an appealable nonfinal order).
Certiorari review may be available in limited circumstances with regard to nonfinal orders, Reeves v. Fleetwood Homes of Fla., Inc., 889 So.2d 812, 822 (Fla. 2004), including to review orders on motions to dismiss for failure to join indis
Affirmed in part and dismissed in part.
. The Trustee did not appeal the original temporary injunction order that was entered on April 22, 2003. Furthermore, a motion for rehearing of a nonfinal order is unauthorized and does not toll the time for filing a notice of appeal. Decktight Roofing Servs., Inc. v. Am-west Sur. Ins., 841 So.2d 667, 668 (Fla. 4th DCA 2003); see also Richardson v. Watson, 611 So.2d 1254 (Fla. 2d DCA 1992); Nationwide Ins. Co. v. Forrest, 682 So.2d 672 (Fla. 4th DCA 1996).
Reference
- Full Case Name
- MORTON & OXLEY, LTD., and Greg Mayer, as an individual and Trustee v. CHARLES S. EBY, M.D., P.A., Dermatologic and Cosmetic Surgery Center, LC, a Florida limited corporation, Charles S. Eby, M.D., as an individual, Jean B. Eby, as an individual, and Does 1-100, inclusive
- Cited By
- 7 cases
- Status
- Published