Florida 3rd DCA: Opinion Filed in Weissman v. Piyevsky

The Third District Court of Appeal for the State of Florida filed an opinion in the case of *Jason Weissman v. Ellen Piyevsky* on September 24, 2026, explicitly stating that the decision is "Not final until disposition of timely filed motion for rehearing." This appellate opinion addresses consolidated appeals, identified by case numbers 3D24-0222 and 3D24-2112, which stem from a lower tribunal case with the number 20-13021-CC-23. Ellen Piyevsky is identified as both an Appellant and a Cross-Appellee, indicating a complex procedural posture where both parties likely appealed different aspects of the lower court's judgment.

The "Not final" clause is of paramount importance for practitioners, as it signifies that the opinion's legal effect and precedential value are temporarily suspended. Attorneys must be acutely aware of the strict deadlines for filing motions for rehearing under Florida Rules of Appellate Procedure, as a successful motion could alter the outcome or reasoning of the opinion. The consolidation of appeals suggests that the court is addressing related legal or factual issues from the same underlying dispute, which can streamline judicial review but also requires careful attention to the distinct arguments and relief sought by each party in their respective appeals.

This matter falls within the jurisdiction of Florida's state appellate court system, with the Third District Court of Appeal serving as an intermediate appellate court for cases originating from circuit and county courts in its district, primarily Miami-Dade and Monroe counties. Florida Rule of Appellate Procedure 9.330 governs motions for rehearing, specifying the grounds and timeframes for such filings. The lower tribunal case number (20-13021-CC-23) suggests a civil court matter. The key parties involved are Jason Weissman and Ellen Piyevsky, with Ms. Piyevsky holding the dual role of appellant and cross-appellee.

Practitioners engaged in Florida appellate litigation, particularly within the Third District, must diligently monitor the finality of opinions and be prepared to advise clients on the strategic implications of filing or responding to motions for rehearing. Understanding the nuances of consolidated appeals and the roles of appellant and cross-appellee is critical for navigating complex appellate procedures. Attorneys should track the underlying lower tribunal case to fully grasp the context of the appellate issues. The specific outcome or holding of the opinion is not reported in the excerpt.