Castillo v. Deutsche Bank National Trust Co.

District Court of Appeal of Florida

Castillo v. Deutsche Bank National Trust Co.

57 So. 3d 965, 2011 Fla. App. LEXIS 4334, 2011 WL 1135345

CourtDistrict Court of Appeal of Florida

DecidedMarch 30, 2011

DocketNo. 3D11-232

StatusPublished

Cited by4 cases

This text of 57 So. 3d 965 (Castillo v. Deutsche Bank National Trust Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Castillo v. Deutsche Bank National Trust Co., 57 So. 3d 965, 2011 Fla. App. LEXIS 4334, 2011 WL 1135345 (Fla. Ct. App. 2011).

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Opinion

LAGOA, J.

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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