Lawrence v. Marina Tower of Turnberry Isle Condominium Ass'n, Inc.
The Third DCA dismissed an appeal of a nonfinal order discharging a lis pendens as untimely, holding that a rule 1.540(b) motion did not toll rendition, and further held that the 2019 amendment adding "orders" to rule 1.540(b) applies only to final orders, so a 1.540(b) motion directed at a nonfinal order is unauthorized and the order denying it is not reviewable. The court denied the appellee's motion for appellate sanctions because there was no showing of compliance with section 57.105(4)'s 21-day safe harbor.
Key facts
- Lawrence appealed the trial court's order discharging a lis pendens, arguing that a rule 1.540(b) motion tolled the time to appeal a nonfinal order.
- The trial court discharged the lis pendens, and Lawrence filed a rule 1.540(b) motion seeking vacatur, which was denied; Lawrence then appealed more than 30 days after the order was rendered.
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Why it matters
This opinion supplies a clear appellate statement that the 2019 expansion of rule 1.540(b) to "orders" does not open the door to relief from nonfinal orders — a recurring trap that can destroy appellate jurisdiction… — full analysis with a trial
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