Koe v. Citizens Property Insurance Corp.

Third District Court of Appeal
State of Florida
Opinion filed September 06, 2017.
Not final until disposition of timely filed motion for rehearing.
________________
Nos. 3D16-2892 & 3D16-2696
Lower Tribunal Nos. 16-19417 & 16-3466
________________
Nooi Koe, et al.,
Appellants,
vs.
Citizens Property Insurance Corporation,
Appellee.
Appeals from the Circuit Court for Miami-Dade County, Michael A.
Hanzman, Judge.
Barnard Law Offices, L.P., and Andrew C. Barnard and Keller F. Fisher, for
appellants.
Methe & Rockenbach, and Kara Berard Rockenbach and Kristi Bergemann
Rothell (West Palm Beach), for appellee.
Before ROTHENBERG, C.J., and SALTER and LINDSEY, JJ.
ROTHENBERG, C.J.
Upon the Court’s own motion, we dismiss these two consolidated appeals
for lack of jurisdiction. The trial court’s orders dismiss with prejudice the
Appellants’ declaratory judgment claims and a reformation claim in the operative
complaints. Appellants primarily rely on Florida Rule of Appellate Procedure
9.110(k) for the proposition that these orders are appealable as partial final
judgments. However, contrary to the appellants’ contentions, these orders do not
amount to partial final judgments under rule 9.110(k) because interrelated claims
involving the same parties and underlying facts in both cases remain pending
below. Universal Underwriters Ins. Co. v. Stathopoulos, 113 So. 3d 957, 959 (Fla.
2d DCA 2013) (“Because the amended complaint reflects that the three counts are
based on the same facts and are intertwined, we conclude that allowing an appeal
of the declaratory count at this stage would foster impermissible piecemeal
review.”); Gonzalez v. Best Meridian Inter. Ins. Co., 12 So. 3d 232 (Fla. 3d DCA
2009) (“Florida Rule 9.110(k) ‘only applies to partial judgments which are
unrelated to the remaining portions of the case.’”) (citing Hallock v. Holiday Isle
Resort & Marina, Inc., 885 So. 2d 459, 461-62 (Fla. 3d DCA 2004)). We also find
the appellants’ remaining arguments regarding jurisdiction to be without merit, and
therefore, we decline to discuss them further.
Dismissed.
2