JOSE A. GARCIA, APPELLANT,
v.
ILEANA COLLAZO, APPELLEE
JOSE A. GARCIA, APPELLANT,
ILEANA COLLAZO, APPELLEE
167 So. 3d 523
Florida District Court of Appeal, Third District (2015)
Positive Treatment
Cited by 2 cases
Opinion of the Court
This is an appeal from an Order granting a motion for partial summary judgment. Appellee has filed a motion to dismiss claiming that the Order is not an appealable order. Appellant claims this Court has jurisdiction under Rule 9.130(a)(3)(C)(iv), but Appellee is correct that we do not. We dismiss the appeal. See Rule 9.130 and the comment to the Rule amended in 2000 which state “Subdivision (a)(3)(C)(iv) allowing review of orders determining ‘the issue of liability in favor of a party seeking affirmative relief was deleted so that such orders are not appealable until conclusion of the case.”
Appeal dismissed.
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Citator
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Garcia v. Ileana Collazo, 178 So. 3d 429 (Fla. 3d DCA 2015)…SUAREZ, C.J. - Ileana Collazo seeks appellate attorney’s fees and costs resulting from a frivolous appeal from a non-appealable non-final order. Garcia v. Collazo, No. 3D15-994, 167 So. 3d 523 (Fla. 3d DCA July 8, 2015). Collazo made the request for costs and fees within her motion to dismiss Garcia’s appeal for lack of jurisdiction. This Court [*430] granted her motion and dismissed the appeal. ■ Collazo first requests appellate costs.…