Friday, December 3, 2010

Fourth District On Invited Error And Jurisdiction To Review Rehearing Orders

In Rodrigo v. JPMorgan Chase Bank, N.A. (4D10-1787), the Fourth District affirmed the trial court's decision in part and dismissed the appeal in part for lack of jurisdiction.  The court stated that "Appellant appeals a non-final order granting her motion to restore possession of her home but with the condition that she turn on the water and air conditioning to her unit."

First, the trial court's order was affirmed because "During the hearing on appellant’s motion to restore  possession of  property,  appellant’s counsel  agreed  to these conditions.  Having invited the alleged error, appellant cannot now be heard  to complain."  Therefore, the order was affirmed. 

The Appellant also sought review of an order on a motion for rehearing of the order, now affirmed, above.  The court stated: "A non-final order denying a motion for relief from a non-final order is not reviewable on appeal....Accordingly, we dismiss the appeal as to the order denying the motion for relief."
*Disclaimer: Jeffrey Kuntz and/or GrayRobinson, P.A. were involved in the above-referenced action.


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