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Munguia v. Miami-Dade County

District Court of Appeal of Florida, Third District
Nov 16, 2011
90 So. 3d 824 (Fla. Dist. Ct. App. 2011)

Opinion

No. 3D11–2566.

2011-11-16

Prospero MUNGUIA, Appellant, v. MIAMI–DADE COUNTY SCHOOL BOARD, etc., et al., Appellees.

An Appeal from the Circuit Court for Miami–Dade County, Barbara Areces, Judge. Richard A. Sicking, Coral Gables, for appellant. Angones, McClure & Garcia, and Surama Suarez, Miami, for appellees.


An Appeal from the Circuit Court for Miami–Dade County, Barbara Areces, Judge.
Richard A. Sicking, Coral Gables, for appellant. Angones, McClure & Garcia, and Surama Suarez, Miami, for appellees.
Before SALTER and EMAS, JJ., and SCHWARTZ, Senior Judge.

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 appellees' motion to dismiss is not well taken.

Motion denied.


Summaries of

Munguia v. Miami-Dade County

District Court of Appeal of Florida, Third District
Nov 16, 2011
90 So. 3d 824 (Fla. Dist. Ct. App. 2011)
Case details for

Munguia v. Miami-Dade County

Case Details

Full title:Prospero Munguia, Appellant, v. Miami-Dade County School Board, etc., et…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 16, 2011

Citations

90 So. 3d 824 (Fla. Dist. Ct. App. 2011)