SANDRA P. CASTILLO, APPELLANT,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., APPELLEE
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The court held that it lacks jurisdiction to hear appeals from an order denying summary judgment and an order granting summary judgment, as neither is a final, appealable order.
Appellant appealed two trial court orders: one denying her motion for summary judgment and another granting the appellee's motion for summary judgment…
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Appellant, Sandra P. Castillo (“Castillo”), appeals from two separate orders: (1) the trial court’s order denying appellant’s motion for summary judgment; and (2) the trial court’s order granting appellee Deutsche Bank National Trust Company’s motion for summary judgment. For the following reasons we dismiss both appeals for lack of jurisdiction.
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).
Accordingly, for the reasons stated above, the appeal is dismissed for lack of jurisdiction.
Appeal dismissed.
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Miami-Dade Cnty. v. Pozos, 242 So. 3d 1152 (Fla. 3d DCA 2017)…ding an order denying a motion for summary judgment. See, e.g., Mandico v. Taos Const., Inc., 605 So. 2d 850, 851 n. 2 (Fla. 1992) ; State, Dep't of Envtl. Prot. v. Garcia, 99 So. 3d 539 (Fla. 3d DCA 2011) ; Castillo v. Deutsche Bank Nat. Trust Co., 57 So. 3d 965 (Fla. 3d DCA 2011) ; Taggart v. Morgan, 943 So. 2d 250 (Fla. 3d DCA 2006). However, Article V, section 4(b) of the Florida Constitution authorizes district courts of appeal to review interlocutory orders of the circuit court "to the extent provided…
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1ST Priority Restoration, Inc. v. Diya Salame, 129 So. 3d 1171 (Fla. 3d DCA 2014)…r that may be appealed on an interlocutory basis. Fla. R. App. P. 9.110, 9.130(a)(3). That portion of the order granting a motion for summary judgment on Counts II and III was not a final, appealable order. Castillo v. Deutsche Bank Nat’l Trust Co., 57 So. 3d 965 (Fla. 3d DCA 2011). That portion of the order transferring the case to the county court also was not final or appealable, as the underlying net damages amount (invoice amount, already awarded, less any setoff for the alleged failure to return rugs)…
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Miami-Dade Cnty. v. Pozos, 242 So. 3d 540 (Fla. 3d DCA 2018)…ng a motion for summary judgment. See, ---PAGE 3--- 3 e.g., Mandico v. Taos Const., Inc., 605 So. 2d 850, 851 n. 2 (Fla. 1992); State, Dep’t of Envtl. Prot. v. Garcia, 99 So. 3d 539 (Fla. 3d DCA 2011); Castillo v. Deutsche Bank Nat. Trust Co., 57 So. 3d 965 (Fla. 3d DCA 2011); Taggart v. Morgan, 943 So. 2d 250 (Fla. 3d DCA 2006). However, Article V, section 4(b) of the Florida Constitution authorizes district courts of appeal to review interlocutory orders of the circuit court “to the extent provid…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shupack v. Allstate Ins. Co., 356 So. 2d 1298 (Fla. 3d DCA 1978)
- Taggart v. Morgan, 943 So. 2d 250 (Fla. 3d DCA 2006)
- Wilbon v. State, 943 So. 2d 250 (Fla. 3d DCA 2006)