ADOLFO A. CORRIPIO
v.
COMMODORE PLAZA CONDOMINIUM ASSOCIATION, INC., ETC.
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A summary judgment order that does not fully adjudicate all counts in a complaint is nonfinal and nonappealable, regardless of its title.
[1] An order granting summary judgment on some but not all counts of a complaint is nonfinal and nonappealable, and the title given to the order does not determine its finali…
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Join FLexlaw to unlock all legal intelligence“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected. The title of the order, judgment or decree is not controlling.”
Court's statement of the legal standard for determining whether an order is final and appealable
Corripio appealed from a summary judgment order entered in favor of Commodore Plaza Condominium Association. The order was titled "Summary Final Judgm…
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Third District Court of Appeal State of Florida
Opinion filed July 16, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1732 Lower Tribunal No. 22-22499-CA-01 ________________
Adolfo A. Corripio, Appellant,
vs.
Commodore Plaza Condominium Association, Inc., etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Antonio Arzola, Judge.
Sheldon R. Rosenthal, for appellant.
Poliakoff Backer, LLP, and Kenneth E. Zeilberger (Boca Raton), for appellee.
Before FERNANDEZ, LOGUE, and LINDSEY, JJ.
PER CURIAM.
2
Appellant Adolfo A. Corripio (Defendant below) appeals from an order entering summary judgment in favor of Appellee Commodore Plaza Condominium Association (Plaintiff below). Though the order is titled “Summary Final Judgment for Plaintiff[,]” it does not fully adjudicate Counts II, III, and V of Commodore’s Complaint. See Salgado v. Suyapa-Jimenez, 254 So. 3d 1053, 1055 n.4 (Fla. 3d DCA 2018) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected. The title of the order, judgment or decree is not controlling.” (citations and internal quotations marks omitted)). We therefore dismiss the appeal for lack of jurisdiction. See Camargo v. Prime W., Inc., 225 So. 3d 912, 913 (Fla. 3d DCA 2017) (“We dismiss the Camargos’ appeal for lack of jurisdiction because the partial summary judgment granted in favor of Prime West is a nonfinal, nonappealable order.”). Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Camargo v. Prime W., Inc., 225 So. 3d 912 (Fla. 3d DCA 2017)
- Salgado v. Suyapa-Jimenez, 254 So. 3d 1053 (Fla. 3d DCA 2018)