NOTICE IS GIVEN that Plaintiff/Counter-Defendant/ Petitioner

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1 IN THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT Case No. 3D Consolidated: Lower Tribunal NO M TENDER LOVING CARE GARDEN) SUPPLY, INC., ) Plaintiff/Petitioner, and) CLAUDE HALIOUA, ) Third Party Defendant/ ) Petitioner, ) NOTICE TO INVOKE DISCRETIONARY JURISDICTION JESHERS, LLC, A Florida ) Limited Liability Company) ERIC BITNEY, JEAN BITNEY ) and SHEILA LAWYER, ) Defendants/Counter- ) Plaintiffs/Respondents. ) NOTICE IS GIVEN that Plaintiff/Counter-Defendant/ Petitioner Tender Loving Care Garden Supply, Inc. and Third Party Defendani supreme cc "t to review the decision of this court rendered March 8, The decision is within the supreme court's discr< jurisdiction because it and directly conflicts with decisions of other district courts of appeal and the supreme coui on the same questions of 1. ~ Cunningham Miller, P.A. Attorneys for Petitioners Tender Loving Care Garden Supply, Inc. and Claude Halioua

2 2975 Overseas Highway Marathon, Florida Telephone: (305) Facsimile: (305) Process: By: / Robedt KMiller, Florida Bar Number RMiller@ FloridaKeysLaw, com

3 TOrb Btetnct Court ot State of Florida appea Opinion filed March 8, Not final until disposition of timely filed motion for rehearing. No. 3D Consolidated: Lower Tribunal No M Tender Loving Care Garden Supply, Inc., Appellants, and Claude Halioua, Jesher's, LLC, a Florida Limited Liability Company, Eric Bitney, Jean Bitney, and Sheila Lawyer, Appellees. Appeals from the Circuit Court for Monroe County, Timothy J. Koenig, Cunningham Miller, P.A., and Robert K. Miller, for appellants. Campbell & Malafy, and John Campbell and Richard Malafy, for appellees. Before LAGOA, SALTER, and EMAS, JJ. LAGOA, J.

4 Appellants, Tender Loving Care Garden Supply, Inc. ("TLC"), and Claude Halioua ("Halioua"), appeal from two trial court orders.1 Specifically, TLC and Halioua appeal the trial court's May 25, 2015, Omnibus Order ruling on multiple motions of both parties, and the April 18, 2016, Order directing the parties to specifically perform a property sale transaction pursuant to obligations under a lease option contract. With regard to the trial court's May 25, 2015, Omnibus Order, because this matter remains pending in the trial court, we dismiss the appeal as an improper appeal taken from a non-final, non-appealable order. See Fla. R. App. P (a)(3). With regard to the trial court's April 18, 2016, Order, we affirm.2 Dismissed in part; affirmed in part. 1 This case was consolidated with case no. 3D , which was a prior petition for writ of prohibition and mandamus that this Court denied on July 28, We note that this Order is appealable as a non-final order determining the right to immediate possession of property under Florida Rule of Appellate Procedure

5 FRANK A SHEPHERD MARY CAY BLANKS LINDA ANN WELLS RICHARD J. SUAREZ VERONICA ANTONOFF LESLIES. ROTHENBERG BARBARA LAGOA VANCE E. SALTER IVAN F FERNANDEZ THOMAS LOGUE EDWIN A SCALES III DISTRICT COURT OF APPEAL THIRD DISTRICT 2001 S.W. 117 AVENUE MIAMI, FLORIDA DEBBIE MCCURDY Chief Deputy Clerk frank valles, jr Deputy Marshal TELEPHONE (305) April 5, 2017 Re: Tender Loving Care Garden Supply, Inc., and Claude Halioua v. Jesher's LLC, et al., Appeal No.: 3D & 3D Trial Court No.: M Trial Court Judge: Timothy J. Koenig Dear Mr. Tomasino: Attached is a certified copy of the Notice invoking the discretionary jurisdiction of the Supreme Court pursuant to Rule 9.120, Florida Rules of Appellate Procedure. Attached also is this Court's opinion or decision relevant to this case. The filing fee prescribed by Section (3), Florida Statutes, was received by this Court and is also attached. X The filing fee prescribed by Section (3), Florida Statutes, was not received by this Court. Petitioner/Appellant has previously been determined insolvent by the circuit court or our court in the underlying case. Petitioner/Appellant has already filed, and this court has granted, petitioner/appellant's motion to proceed without payment of costs in this case. No filing fee is required because: Summary Appeal (Rule 9.141) Unemployment Appeal Commission Habeas Corpus Juvenile Case Other:

6 If there are any questions regarding this matter, please do not hesitate to contact this Office. Sincerely, MARY CAY BLANKS Clerk, Third District Court of Appeal By: 84/Nb