Publix Supermarkets, Inc. v. Faith Conte, as Personal Representative of the Estate of Susan L. Moore

In this consolidated appeal, Publix Supermarkets, Inc. (“Publix”) challenges three non-final orders and a final judgment confirming an arbitration award. Publix contends that the trial court erred in entering final judgment while an interlocutory appeal was pending in the case. We agree.

Florida Rule of Appellate Procedure 9.130(f) prohibits a lower tribunal from entering an order disposing of a case during the pendency of an interlocutory appeal:

In the absence of a stay, during the pendency of a review of a non-final order, the lower tribunal may proceed with all matters, including trial or…