← Case library
3rd DCAAugust 13, 2025Dismissed in Part; Quashed in Part

Elvis Cruz v. 5101 RE CO, LLC

Case No. 3D23-1992

In this consolidated appeal arising from a settlement-agreement dispute over the demolition of a historic Miami building, the Third DCA dismissed Cruz's appeal of a summary judgment order for lack of appellate jurisdiction because the Developer's counterclaim—based on the same facts—remained pending in the trial court and was inextricably intertwined with the adjudicated claims, rendering the order a non-appealable partial judgment under Rule 9.110(k). The court separately treated Cruz's appeal of the $136,611 attorney's fees-and-costs order as a certiorari petition, granted it, and quashed the fee order because requiring payment while interdependent factual issues remain unresolved causes irreparable harm as a matter of law.

🔒 Read the full opinion, holding & search the library

The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.

Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.

Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.