Fisher v. INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, No. 1D02-2027.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
PartiesVonceil FISHER and Traveine Howard, on their behalf, as representatives of a Class of Similarly Situated Longshore Workers, Appellants, v. The INTERNATIONAL LONGSHOREMEN'S ASSOCIATION and the International Longshoremen's Association South Atlantic & Gulf Coast District, Appellees.
Docket NumberNo. 1D02-2027.
Decision Date16 October 2002

827 So.2d 1096

Vonceil FISHER and Traveine Howard, on their behalf, as representatives of a Class of Similarly Situated Longshore Workers, Appellants,
v.
The INTERNATIONAL LONGSHOREMEN'S ASSOCIATION and the International Longshoremen's Association South Atlantic & Gulf Coast District, Appellees

No. 1D02-2027.

District Court of Appeal of Florida, First District.

October 16, 2002.


827 So.2d 1097
Stephen B. Gallagher, Edward L. Birk, and Sonya H. Hoener of Marks Gray Conroy Gibbs, Jacksonville; David E. Breskin, Stephen P. Connor, and Anne-Marie E. Sargent of Short, Cressmand & Burgess, Seattle, Washington, for Appellants

Donald E. Pinaud, Jr., of Kattman & Pinaud, P.A., Jacksonville; James R. Watson, Galveston, Texas; Michael R. Yokan, Jacksonville; and Kevin Marrinan, of Gleason & Mathews, P.C., New York, New York, for Appellees.

EN BANC

PER CURIAM.

Having considered the appellees' Joint Motion to Dismiss Appeal for Lack of Jurisdiction, filed May 24, 2002, and the appellants' response, filed June 12, 2002, the motion to dismiss is hereby granted and this appeal is dismissed.

The Court's appellate jurisdiction to review nonfinal orders is limited to those categories of orders identified in Florida Rule of Appellate Procedure 9.130. Nonfinal orders that determine "the jurisdiction of the person" are one category of appealable nonfinal orders. See Fla. R.App. P. 9.130(a)(3)(C)(I). "The term `jurisdiction of the person' refers to service of process or to the applicability of the long arm statute to nonresidents." Warren v. Southeastern Leisure Systems, Inc., 522 So.2d 979, 980 (Fla. 1st DCA 1988). Therefore, only those interlocutory orders that determine issues involving service of process or the applicability of the long arm statute are appealable under this section of Florida Rule of Appellate Procedure 9.130.

The nonfinal order on appeal granted in part a motion to dismiss, and dismissed several claims on grounds of federal preemption. Such an order relates to the right of the plaintiffs to maintain their action on these claims and is not appealable pursuant to Rule 9.130(a)(3)(C)(I) because it does not determine jurisdiction of the person. See National Lake Developments, Inc. v. Lake Tippecanoe Owners Assoc., Inc., 417 So.2d 655 (Fla.1982); Warren, 522 So.2d at 980.

The appellants rely on an earlier case from this Court to support their argument that the instant order is appealable. In Southwest Gulfcoast, Inc. v. Allan, 513 So.2d...

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16 practice notes
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...(Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Fisher v. Int'l Longshoremen's Ass'n, 827 So.2d 1096 (Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Brooks v. State, 816 So.2d 199 (Fla. 1st D......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...(Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Fisher v. Int'l Longshoremen's Ass'n, 827 So.2d 1096 (Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Brooks v. State, 816 So.2d 199 (Fla. 1st D......
  • Re-Employment Services, Ltd. v. Nlac, No. 5D06-4417.
    • United States
    • Florida District Court of Appeals
    • 16 Noviembre 2007
    ...which permits review of non-final orders that determine the jurisdiction of a person. See Fisher v. Int'l Longshoremen's Ass'n, 827 So.2d 1096, 1097 (Fla. 1st DCA 2002); Gaspar, Inc. v. Naples Fed. Sav. & Loan Ass'n, 546 So.2d 764, 765 (Fla. 5th DCA 1989). Our standard of review is de novo.......
  • Green v. Jorgensen, No. 1D10–3721.
    • United States
    • Court of Appeal of Florida (US)
    • 10 Marzo 2011
    ...Procedure 9.130(a)(3)(C)(i) to review non-final orders that determine personal jurisdiction. See Fisher v. Int'l Longshoremen's Ass'n, 827 So.2d 1096, 1097 (Fla. 1st DCA 2002). At issue here is section 48.031(1)(a), Florida Statutes (2008), which allows for substitute service by “leaving th......
  • Request a trial to view additional results
16 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...(Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Fisher v. Int'l Longshoremen's Ass'n, 827 So.2d 1096 (Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Brooks v. State, 816 So.2d 199 (Fla. 1st D......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • 28 Junio 2006
    ...(Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Fisher v. Int'l Longshoremen's Ass'n, 827 So.2d 1096 (Fla. 1st DCA 2002) (en banc decision released without antecedent publication of panel decision); Brooks v. State, 816 So.2d 199 (Fla. 1st D......
  • Re-Employment Services, Ltd. v. Nlac, No. 5D06-4417.
    • United States
    • Florida District Court of Appeals
    • 16 Noviembre 2007
    ...which permits review of non-final orders that determine the jurisdiction of a person. See Fisher v. Int'l Longshoremen's Ass'n, 827 So.2d 1096, 1097 (Fla. 1st DCA 2002); Gaspar, Inc. v. Naples Fed. Sav. & Loan Ass'n, 546 So.2d 764, 765 (Fla. 5th DCA 1989). Our standard of review is de novo.......
  • Green v. Jorgensen, No. 1D10–3721.
    • United States
    • Court of Appeal of Florida (US)
    • 10 Marzo 2011
    ...Procedure 9.130(a)(3)(C)(i) to review non-final orders that determine personal jurisdiction. See Fisher v. Int'l Longshoremen's Ass'n, 827 So.2d 1096, 1097 (Fla. 1st DCA 2002). At issue here is section 48.031(1)(a), Florida Statutes (2008), which allows for substitute service by “leaving th......
  • Request a trial to view additional results

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