County Civil Court:  APPELLATE PROCEDURE – Appealability/Improper Relief – The trial court made no error by dismissing claim pursuant to Florida Small Claims Rule 7.135, which requires the trial court to summarily dispose of an action if there is no triable issue, at pretrial conference or at any subsequent hearing.  Order affirmed.  Eady v. Affordable Realty and Property Management, No. 10-000022AP-88B (Fla. 6th Cir. App. Ct. October 27, 2010). 

 

NOT FINAL UNTIL TIME EXPIRES FOR REHEARING AND, IF FILED, DETERMINED

 

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

APPELLATE DIVISION

 

DUANNE EADY,

                        Appellant,

v.                                                                                      Ref. No.: 10-000022AP-88B

                                                                                         UCN: 522010AP000022XXXXCV

AFFORDABLE REALTY AND

PROPERTY MANAGEMENT,

                        Appellee.

__________________________________/

ORDER

            THIS CAUSE is before the Court on an appeal of the Order Dismissing Claim (with Prejudice) entered by the County Court on March 11, 2010, following a Pretrial Conference.  By this Order, the trial court dismissed the claim because the improper parties were sued; specifically, the trial court found that Appellant Duane Eady, the Plaintiff below, had sued the individual employees of a company that manages the premises where Mr. Eady resided; the subject premises was a motel; and Mr. Eady cannot state a cause of action for a Landlord Tenant retaliatory eviction.  The trial court twice denied rehearing. 

            This Court construes Mr. Eady’s Amended Notice of Appeal to argue that the County Court, in its conduct of the Pretrial Conference and summary disposition of his claim, failed to adhere to Florida Small Claims Rule 7.090(b)(1) and other procedures, thereby denying him of due process.  Mr. Eady specifies that the appeal is “to review the pre-trial conference an[d] not the claim itself, as stated in the above rule.”  In essence, Mr. Eady complains that the trial court did not review pleadings and exhibits or hear the testimony of witnesses that would have established “a rental tenancy” and a claim under Florida’s landlord tenant laws.  Mr. Eady submits a document that appears to be public corporate information about Affordable Realty and Property Management, Inc., printed from the sunbiz.org website, purportedly given to him by the trial judge’s Judicial Assistant.

            Florida Small Claims Rule 7.135 requires the trial court, at pretrial conference or at any subsequent hearing, to summarily dispose of an action if there is no triable issue.  Jurisdiction lies in circuit appellate courts to review county court dismissal orders after final judgment.  § 26.012(1), Fla. Stat. (2010); Fla. R. App. P. 9.030(c)(1)(A); Fla. Sm. Cl. R. 7.230.  An order dismissing a complaint is reviewed de novo.  See Southern Baptist Hosp. of Fla., Inc. v. Welker, 908 So. 2d 317, 319 (Fla. 2005). 

            Upon consideration of Appellant’s Brief and exhibits attached to the Amended Notice of Appeal and Appellant’s Motion to Establish Brief, this Court finds that Appellant has demonstrated no preliminary basis for reversal.         

            Accordingly, pursuant to Rule 9.315, Florida Rules of Appellate Procedure, it is

            ORDERED AND ADJUDGED that the County Court’s Order Dismissing Claim (with Prejudice) entered on March 11, 2010, is AFFIRMED.

            DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this 27th day of October 2010.                                                                       

                   

Original order entered on October 27, 2010 by Circuit Judges Amy M. Williams, Peter Ramsberger, and Pamela A.M. Campbell.

 

 

 

 

 

Copies to:

 

Duanne Eady

2443 9th Street S.

St. Petersburg, FL 33705

Pro se Appellant

Sean Higgin, et al.

Affordable Realty and Property Management

525 49th Street N.

St. Petersburg, FL 33710