Sunday, October 4, 2009

Fourth District Dismisses Appeal For Lack of Jurisdiction

In Tarik, Inc. v. NNN Acquisitions, Inc. (4D09-2455),  the Fourth District dismissed an appeal for lack of jurisdiction because "An order granting a motion for summary judgment is a nonappealable order.  Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009). In real property cases, the trial court’s order on a party’s summary judgment motion does not determine the 'immediate right to possession' even though it may resolve the underlying legal issues."


Post a Comment