Wednesday, March 30, 2011

Order Granting Summary Judgment Is Not Appealable (Another One)

In Castillo v. Deutsche Bank National Trust Company (3D11-0232), the Third District dismissed an appeal based upon the lack of finality of the order for which the appellant sought review.  This is something numerous courts have discussed.  The court stated:
With regard to the order denying summary judgment, interlocutory appeals of non-final orders denying motions for summary judgment are not permitted under the rules of appellate procedure. See Fla. R. App. P. 9.130(a)(3); Taggart v. Morgan, 943 So. 2d 250 (Fla. 3d DCA 2006).
Additionally, with regard to the order granting summary judgment, the order appealed “is merely authorization for a final judgment. It does not constitute a final judgment, nor is it an order from which an interlocutory appeal could properly lie.” Shupack v. Allstate Ins. Co., 356 So. 2d 1298, 1299 (Fla. 3d DCA 1978).


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