Wednesday, July 15, 2009

Sua Sponte Dismissal of Appeal of Order That Was Neither Final Nor An Appealable Non-Final Order

In Rust v. Brown (4D08-2584), the Fourth District sua sponte dismissed an appeal because the order being reviewed was "neither a final nor an appealable, non-final order."

"An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party. White Palms of Palm Beach, Inc. v. Fox, 525 So. 2d 518, 519 (Fla. 4th DCA 1988), abrogated on other grounds by Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991). Here, the order in essence sustained the surviving spouse’s objection to the personal representative’s apportionment plan. It is neither a final nor an appealable, non-final order. We must therefore dismiss the appeal."


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