FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D17-5182
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BARBARA ANN KELLY,
Appellant,
v.
SUNTRUST BANK,
Appellee.
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On appeal from the Circuit Court for Walton County.
Jeffrey E. Lewis, Judge.
May 16, 2019
PER CURIAM.
Barbara Kelly appeals an order denying her “emergency
motion for injunction”—which sought a “moratorium” in her
foreclosure case prohibiting the trial court from acting—even
though final judgment had been granted in favor of SunTrust Bank
over a year earlier. Because Kelly’s “emergency motion for
injunction” did not actually seek injunctive relief, the order
denying it is not appealable. See Loidl v. I & E Group, Inc.,
927 So.
2d 1016, 1018 (Fla. 2d DCA 2006) (“[I]t is not an order which
directs or precludes the party from taking a certain action outside
of the lawsuit. Therefore, it is not properly appealed under rule
9.130(a)(3)(B).”); cf. Stanfield v. Florida Dep’t of Children &
Families,
698 So. 2d 321, 322 (Fla. 3d DCA 1997) (“[T]his order is
an Injunction entered by the trial court because the effect and
purpose of the order is to enjoin [the opposing party] from doing
those acts enumerated in the order.”). We DISMISS Kelly’s appeal.
WOLF, KELSEY, and WINOKUR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Barbara Ann Kelly, pro se, Appellant.
Amelia Hallenberg Beard of McCalla, Raymer, Leibert, Pierce,
LLC, Orlando, for Appellee.
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