Opinion

Munguia v. Miami-Dade County School Board

  • 90 So. 3d 824
  • 2011 Fla. App. LEXIS 18179
  • 2011 WL 5554815
Court
District Court of Appeal of Florida
Filed
Nov 16, 2011
Status
Published
Author
Schwartz
On the bench
Emas, Salter, Schwartz
Cited by
0 cases
Authority
More cited than 18.0%

The 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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