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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
DAVID NOURACHI, as Trustee
NOT FINAL UNTIL TIME EXPIRES TO
of the SOUTH BEACH TRUST, a
FILE MOTION FOR REHEARING AND
Florida Land Trust Under F.S.
DISPOSITION THEREOF IF FILED
689.071 dated 7/11/2001,
Appellant,
CASE NO. 1D03-0148
v.
S O U T H B E A C H E S
P R O F E S S I O N A L P A R K
OWNERS' ASSOCIATION,
INC., a Florida Non Profit
Corporation, et al.,
Appellee.
___________________________/
Opinion filed April 3, 2003.
An appeal from the Circuit Court for Duval County.
Charles O. Mitchell, Jr., Judge.
Eric S. Kolar, Jacksonville, for Appellant.
Ann Krueger Smith, Jacksonville, for Appellee.
PER CURIAM.
Having considered the appellant's response to this Court's order, dated
February 17, 2003, we dismiss for lack of jurisdiction. The order on appeal, Final

Judgment on Plaintiff's Second Amended Complaint to Quiet Title and for Declaratory
Judgment and Defendant's Counterclaim for Declaratory Judgment, rendered on
December 18, 2002, declares a tax deed void, awards $75,000 spent on the tax deed,
but reserves jurisdiction pursuant to section 197.602, Florida Statutes (2002), to
determine and award the interest on the refund of taxes paid, legal expenses in
obtaining the tax deed, and the fair cash value of improvements made to the property.
T he reservation of jurisdiction encompasses claims which arose out of the same
operative facts surrounding money awarded on the tax deed. Because the order does
not resolve a distinct and severable cause of action and judicial labor remains on an
interrelated claim involving the same transaction and parties, the appeal is premature.
See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974); Fla. R. App. P.
9.110(k), (m). Additionally, such a reservation relates to more than simply execution
of the judgment and does not concern an ancillary matter which can be determined in
a separate final order as attorney's fees and costs can be. See McGurn v. Scott, 596
So. 2d 1042, 1043-44 (Fla. 1992). The appellant's Motion to Relinquish Jurisdiction,
filed February 19, 2003, is denied because the appellant has failed to show exceptional
circumstances. See Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995).

DISMISSED.
BOOTH, WEBSTER and LEWIS, JJ., CONCUR.
2

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