Nwankwo v. Hudson

Full title: Donald NWANKWO, Appellant, v. HUDSON KEYES, L.L.C., Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 23, 2009

23 So. 3d 866 (Fla. Dist. Ct. App. 2009)

Opinion

No. 3D09-983.

December 23, 2009.

An Appeal from the Circuit Court from the Circuit Court for Miami-Dade County, John Schlesinger, Judge.

Donald Nwankwo, in proper person.

Brian Kowal, for appellee.

Before RAMIREZ, C.J., and WELLS, and SALTER, JJ.

PER CURIAM.

Donald Nwankwo appeals the trial court's order granting the plaintiff/appellee Hudson Keyes, L.L.C.'s motion for summary judgment. On September 30, 2009, this Court dismissed the appeal for failure to file the initial brief. The appellant moved to reconsider the dismissal and submitted the initial brief. We would reinstate the appeal at this point but for the fact that an order granting a motion for summary judgment is not a final, appealable order. Rust v. Brown, 13 So.3d 1105 (Fla. 4th DCA 2009). Accordingly, we dismiss the appeal as premature. Lidsky Vaccaro Monies, P.A. v. Morejon, 813 So.2d 146, 149 (Fla. 3d DCA 2002). Upon the issuance of a final judgment by the trial court, the appellant may seek review of said order.

Appeal dismissed.