Florida District Courts of Appeal, 2011

Munguia v. Miami-Dade County School Board

Munguia v. Miami-Dade County School Board
Florida District Courts of Appeal · Decided November 16, 2011 · Emas, Salter, Schwartz
90 So. 3d 824; 2011 WL 5554815; 2011 Fla. App. LEXIS 18179 (Southern Reporter, Third Series)

Munguia v. Miami-Dade County School Board

Opinion of the Court

On Motion to Dismiss as Untimely

SCHWARTZ, Senior Judge.

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 appel-lees’ motion to dismiss is not well taken.

Motion denied.

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