Ball v. Genesis Outsourcing Solutions, LLC
| Decision Date | 26 August 2015 |
| Docket Number | No. 3D15–1649.,3D15–1649. |
| Parties | Patrick K. BALL, Appellant, v. GENESIS OUTSOURCING SOLUTIONS, LLC, et al., Appellees. |
| Court | Florida District Court of Appeals |
Patrick K. BALL, Appellant
v.
GENESIS OUTSOURCING SOLUTIONS, LLC, et al., Appellees.
No. 3D15–1649.
District Court of Appeal of Florida, Third District.
Aug. 26, 2015.
Patrick K. Ball, in proper person.
Wendell Locke, Plantation; Debjit Rudra, for appellees.
Before SALTER, FERNANDEZ, and LOGUE, JJ.
Opinion
LOGUE, J.
Patrick K. Ball filed a notice of appeal seeking review of what he characterized as a final order. The order is captioned “Order Granting Defendant, Genesis Outsourcing Solutions, LLC's Motion for Summary Judgment.” The body of the order reads in its entirety:
THIS CAUSE came before the Court on Defendant, Genesis Outsourcing Solutions, LLC's Motion for Summary Judgment and having reviewed the file, hearing oral argument on June 18, 2015 and being otherwise full advised in the premises, it is ORDERED AND ADJUDGED THAT Defendant, Genesis Outsourcing Solutions. LLC's Motion for Summary Judgment is hereby GRANTED.
An order that merely grants a motion for summary judgment is not a final order. Lidsky Vaccaro & Montes, P.A. v. Morejon, 813 So.2d 146, 149 (Fla. 3d DCA 2002) (“[T]he law is settled that an order which merely grants a motion for summary judgment and does not otherwise contain the traditional words of finality is not a final order subject to appellate review.”). For an order to be final, it must constitute an entry of a judgment: it is the final judgment that is appealable, not an order simply granting a motion. Id. (“An order granting only summary judgment merely establishes an entitlement to a judgment, but is not itself a judgment.”).
The order that Ball asks us to review merely grants a motion; it does not contain language that enters judgment. Accordingly, it is not a final order and the notice of appeal is premature.
Models for final judgments are contained in The Forms for Use with Rules of Civil Procedure, which the Florida Supreme Court has placed at the end of the Florida...
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