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Castillo v. Deutsche Bank

District Court of Appeal of Florida, Third District
Mar 30, 2011
57 So. 3d 965 (Fla. Dist. Ct. App. 2011)

Opinion

No. 3D11-232.

March 30, 2011.

An appeal from the Circuit Court for Miami-Dade County, William L. Thomas, Judge.

Jimenez, Milian Associates and Robert R. Jimenez, for appellant.

Smith Hiatt Diaz and Diana B. Matson, Ft. Lauderdale, for appellee.

Before SHEPHERD and LAGOA, JJ., and SCHWARTZ, Senior Judge.


Appellant, Sandra P. Castillo ("Castillo"), appeals from two separate orders: (1) the trial court's order denying appellant's motion for summary judgment; and (2) the trial court's order granting appellee Deutsche Bank National Trust Company's motion for summary judgment. For the following reasons we dismiss both appeals for lack of jurisdiction.

With regard to the order denying summary judgment, interlocutory appeals of non-final orders denying motions for summary judgment are not permitted under the rules of appellate procedure. See Fla.R.App.P. 9.130(a)(3); Taggart v. Morgan, 943 So.2d 250 (Fla. 3d DCA 2006).

Additionally, with regard to the order granting summary judgment, the order appealed "is merely authorization for a final judgment. It does not constitute a final judgment, nor is it an order from which an interlocutory appeal could properly lie." Shupack v. Allstate Ins. Co., 356 So.2d 1298, 1299 (Fla. 3d DCA 1978).

Accordingly, for the reasons stated above, the appeal is dismissed for lack of jurisdiction.

Appeal dismissed.


Summaries of

Castillo v. Deutsche Bank

District Court of Appeal of Florida, Third District
Mar 30, 2011
57 So. 3d 965 (Fla. Dist. Ct. App. 2011)
Case details for

Castillo v. Deutsche Bank

Case Details

Full title:Sandra P. CASTILLO, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 30, 2011

Citations

57 So. 3d 965 (Fla. Dist. Ct. App. 2011)

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