Opinion
3D23-1428
05-29-2024
Daisha Ervin, Appellant, v. Sergio A. Alvarez, M.D., et al., Appellees.
The Beregovich Law Firm, P.A., and Andres I. Beregovich (Orlando), for appellant. Falk, Waas, Solomon, Mendlestein &Davis, P.A., and Scott L. Mendlestein and Jessica Hernandez; Lalchandani Simon PL, and Kubs Lalchandani and Daniel E. Davis, for appellees.
Not final until disposition of timely filed motion for rehearing.
An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 19-12311, Lourdes Simon, Judge.
The Beregovich Law Firm, P.A., and Andres I. Beregovich (Orlando), for appellant.
Falk, Waas, Solomon, Mendlestein &Davis, P.A., and Scott L. Mendlestein and Jessica Hernandez; Lalchandani Simon PL, and Kubs Lalchandani and Daniel E. Davis, for appellees.
Before FERNANDEZ, SCALES and GORDO, JJ.
PER CURIAM.
Appellant Daisha Ervin's August 8, 2023 notice of appeal challenges summary judgment orders of both February 16, 2022 and July 6, 2023.Together with a July 11, 2022 order that appellant does not seek to appeal, these non-final orders adjudicated all but one count of appellant's third and fourth amended complaints. While the record reflects that appellant attempted to voluntarily dismiss this remaining count (Count VIII of the fourth amended complaint) by filing a unilateral, July 17, 2023 notice of voluntary dismissal without prejudice, this purported dismissal was ineffectual, and is a nullity, because it was filed after the trial court's June 29, 2023 summary judgment hearing. See Fla. R. Civ. P. 1.420(a)(1); Stonely v. Moore, 851 So.2d 905, 906 (Fla. 3d DCA 2003). Count VIII, which is interrelated with the counts disposed of by the two summary judgment orders, remains pending, and therefore we lack appellate jurisdiction to review the challenged orders. Homeowners Choice Prop. &Cas. Ins. Co. v. Fraser, 346 So.3d 228, 230 (Fla. 3d DCA 2022).
On July 19, 2023, the trial court entered an order amending the July 6, 2023 summary judgment order as to its title only.
Appeal dismissed.