NOEL MIJARES, ET AL.
v.
KIM SANCHEZ
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The Third District Court of Appeal dismissed Mijares' appeal for lack of jurisdiction, finding that the order being appealed was neither final nor an appealable non-final order. The court allowed Mijares to refile within thirty days after entry of a final judgment.
The court lacks jurisdiction to review the order because it is not a final order, not an appealable non-final order, and not an order subject to certiorari review. The appeal is therefore dismissed without prejudice.
“The Order on Appeal is not a final order, not an appealable non-final order, and not an order subject to certiorari review. Therefore, this appeal is premature and the Court lacks jurisdiction to review the Order on Appeal.”
Establishes the court's basis for dismissal - the order lacks the requisite finality or appealability for appellate jurisdiction
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Join FLexlaw to unlock all legal intelligenceMijares appealed from a non-final order from the County Court for Miami-Dade County. The court issued an order to show cause on June 23, 2025, questio…
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Third District Court of Appeal
State of Florida
Opinion filed July 30, 2025.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-1162
Lower Tribunal No. 21-39545-CC 23
Noel Mijares, et al.,
Appellants,
VS.
Kim Sanchez,
Appellee.
An Appeal from a non-final order from the County Court for Miami- Dade County, Ayana Harris, Judge.
Diego David Valdes, P.A., and Diego David Valdes, for appellants.
Behren Law Firm, and Scott M. Behren, for appellee.
Before FERNANDEZ, GORDO and LOBREE, JJ.
GORDO, J.
ON ORDER TO SHOW CAUSE
On June 23, 2025, this Court ordered Appellant Noel Mijares ("Mijares”) to show cause why this appeal should not be dismissed for lack of jurisdiction. Upon review of the response, we dismiss the appeal because we lack an appealable order. The appeal is dismissed without prejudice to Mijares timely filing an appeal within thirty days after entry of a final judgment. See Bloomgarden v. Mandel, 154 So. 3d 451, 455 (Fla. 3d DCA 2014) (“The Order on Appeal is not a final order, not an appealable non-final order, and not an order subject to certiorari review. Therefore, this appeal is premature and the Court lacks jurisdiction to review the Order on Appeal. We dismiss the appeal, without prejudice."); Fla. R. App. P. 9.110(b) (providing that "[j]urisdiction of the court under this rule must be invoked by filing a notice with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed").
Dismissed.