Polk County property owners Johnny and Donna Haygood commenced lawsuits below against Claude E. Head, Richie Hatch and their land surveying company, Head, Hatch, & Associates Land Surveyors collectively “Head” and Larry H. Rogers and his land surveying company, Larry H. Rogers Land and Engineer Surveys collectively, “Larry Rogers”, arising out of alleged faulty surveys Larry Rogers and Head performed for Dan Forsyth, who previously owned property near the Haygoods. The Haygoods were already involved in litigation with Forsyth’s successor in title, Phil Tilley, who filed a petition for injunctive relief against the Haygoods seeking to prohibit them from blocking a driveway Tilley used to access his property.1 In Appeal Nos. A10A0756 and A10A0757, the Haygoods appeal from the trial court’s September 10, 2009 orders of dismissal in the Head and Larry Rogers actions, arguing that the trial court erred in its application of the collateral estoppel doctrine and that its orders are confusing. In Appeal Nos. A10A1226 and A10A1227, the Haygoods appeal from the trial court’s December 1, 2009 amended orders of dismissal in the Head and Larry Rogers actions, issued to correct clerical errors in the prior dismissal orders, asserting violation of their due process rights. In Appeal No. A10A1225, the Haygoods appeal from the trial court’s order dismissing their appeal of an adverse summary judgment order in the Tilley action for failure to pay costs, arguing, inter alia, that such failure was excused by their affidavit of indigence. Given the interrelated nature of the Haygoods’ appeals, we have consolidated them for disposition.
In Appeal Nos. A10A0756 and A10A0757, we conclude that the trial court erred in applying the collateral estoppel doctrine to dismiss the Head and Larry Rogers actions and therefore reverse the trial court’s September 10, 2009 orders of dismissal. With respect to Appeal Nos. A10A1226 and A10A1227, we conclude that the trial court’s amended orders of dismissal, entered after Haygood filed notices of appeal from the September 10, 2009 orders, are nullities, and we therefore lack jurisdiction over the appeals. Finally, we conclude that the trial court did not abuse its discretion in granting Tilley’s motion to dismiss the Haygoods’ appeal for failure to pay costs and therefore affirm in Appeal No. A10A1225.
