Castillo v. Deutsche Bank Nat'l Trust Co.

Decision Date30 March 2011
Docket NumberNo. 3D11–232.,3D11–232.
Citation57 So.3d 965
PartiesSandra P. CASTILLO, Appellant,v.DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Appellee.
CourtFlorida District Court of Appeals

OPINION TEXT STARTS HEREAn 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.LAGOA, J.

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.

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8 cases
  • Miami-Dade Cnty. v. Pozos
    • United States
    • Florida District Court of Appeals
    • February 15, 2017
    ...So.2d 850, 851 n. 2 (Fla. 1992) ; State, Dep't of Envtl. Prot. v. Garcia, 99 So.3d 539 (Fla. 3d DCA 2011) ; Castillo v. Deutsche Bank Nat. Trust Co., 57 So.3d 965 (Fla. 3d DCA 2011) ; Taggart v. Morgan, 943 So.2d 250 (Fla. 3d DCA 2006). However, Article V, section 4(b) of the Florida Consti......
  • Velazquez v. Rosen
    • United States
    • Florida District Court of Appeals
    • February 13, 2013
    ...non-appealable order, and the appeal is therefore dismissed for lack of jurisdiction as to that order. Castillo v. Deutsche Bank Nat'l Trust Co., 57 So.3d 965 (Fla. 3d DCA 2011); Miami–Dade Cnty. v. Perez, 988 So.2d 40 (Fla. 3d DCA 2008). As regards the second order denying Velazquez's moti......
  • Castillo v. Deutsche Bank Nat'l Trust Co.
    • United States
    • Florida District Court of Appeals
    • July 5, 2012
    ...and Roy A. Diaz and Diana B. Matson, Fort Lauderdale, for appellee.Before WELLS, C.J., and SHEPHERD and ROTHENBERG, JJ. Prior report: 57 So.3d 965.SHEPHERD, J. The appellant in this case challenges the appellee's standing to bring a foreclosure action against the appellant, arguing the appe......
  • Moskovits v. Crystal House, Inc.
    • United States
    • Florida District Court of Appeals
    • July 2, 2014
    ...review, and an order denying a motion for summary judgment is not delineated by the rule. See Castillo v. Deutsche Bank Nat'l Trust Co., 57 So.3d 965, 966 (Fla. 3d DCA 2011) (“[I]nterlocurotry appeals of non-final orders denying motions for summary judgment are not permitted under [Rule 9.1......
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