# Munguia v. Miami-Dade County School Board

> District Court of Appeal of Florida · November 16, 2011 · 90 So. 3d 824

URL: https://www.frixlaw.com/law-library/cases/4874794

## Case

- **Full name:** Prospero MUNGUIA v. MIAMI-DADE COUNTY SCHOOL BOARD, etc.
- **Court:** District Court of Appeal of Florida
- **Decided:** November 16, 2011
- **Citations:** 90 So. 3d 824; 2011 Fla. App. LEXIS 18179; 2011 WL 5554815
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Schwartz
- **Judges:** Emas, Salter, Schwartz
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4874794

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4874794. Public record. Not legal advice.