SAFEPOINT INSURANCE COMPANY vs WALTER SCHMITZ
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SAFEPOINT INSURANCE COMPANY, Appellant, v. Case No. 5D18-2054 WALTER SCHMITZ, Appellee. ________________________________/ Opinion filed February 22, 2019 Nonfinal Appeal from the Circuit Court for Brevard County, Charles J. Roberts, Judge. Mihaela Cabulea, Curt Allen, and Anthony J. Russo, of Butler Weihmuller Katz Craig, LLP, Tampa, for Appellant. Matthew G. Struble and Christine M. Deis, of Struble, P.A., Ft. Lauderdale, for Appellee. PER CURIAM. Having concluded, after full briefing, that the nonfinal order under review effectively is an order briefly staying the underlying action and not, as argued by Appellant, one granting injunctive relief, we dismiss this appeal for lack of jurisdiction. See Dep’t of Child. & Fams. v. L.D., 840 So. 2d 432, 434 (Fla. 5th DCA 2003) (recognizing that an order staying a proceeding is not an appealable nonfinal order (citing Perry v. Fireman’s Fund Ins. Co., 379 So. 2d 429, 429 (Fla. 2d DCA 1980))). We also decline to sua sponte grant certiorari relief. Appeal dismissed without prejudice to either party addressing the merits of the order in a final appeal. DISMISSED. EVANDER, C.J., LAMBERT and EISNAUGLE, JJ., concur. 2
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