Munguia v. Miami-Dade County School Board

90 So. 3d 824, 2011 WL 5554815, 2011 Fla. App. LEXIS 18179

• Court: District Court of Appeal of Florida
• Decided: November 16, 2011
• Docket: No. 3D11-2566
• Status: Published

Opinion

On Motion to Dismiss as Untimely

SCHWARTZ, Senior Judge.

The lower court order of July 16, 2009, which merely “granted” a motion to dismiss, was not an appealable final judgment, see Gries Inv. Co. v. Chelton, 388 So.2d 1281, 1282 (Fla. 3d DCA 1980); Donnell v. Indus. Fire & Cas. Co., 378 So.2d 1344, 1346 (Fla. 3d DCA 1980), so an earlier appeal from that order was properly dismissed. Because the present appeal was timely taken from the judgment of September 1, 2011, which actually dismissed the case and was therefore the first appealable order entered below, the appel-lees’ motion to dismiss is not well taken.

Motion denied.