Thursday, November 17, 2011

Order Merely Granting Motion To Dismiss Is Not Appealable

In Munguia v. Miami-Dade County School Board (3D11-2566), the Third District denied a motion to dismiss and again stated the rule that an order that merely grants a motion to dismiss is not appealable. The opinion stated:
The lower court order of July 16, 2009, which merely 'granted' a motion to dismiss, was not an appealable final judgment, see Gries Inv. Co. v. Chelton, 388 So. 2d 1281, 1282 (Fla. 3d DCA 1980); Donnell v. Indus. Fire & Cas. Co., 378 So. 2d 1344, 1346 (Fla. 3d DCA 1980), so an earlier appeal from that order was properly dismissed. Because the present appeal was timely taken from the judgment of September 1, 2011, which actually dismissed the case and was therefore the first appealable order entered below, the appellees’ motion to dismiss is not well taken.
[emphasis is mine].


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