APPELLANTS BEWARE
Starling v.
Allstate Prop. & Cas. Ins. Co., --- So. 3d --- (Fla. 1st DCA September
11, 2012)
For years I have been telling my students that an order
granting a motion for summary judgment is not a final, appealable order. This case holds, however, that an “Order Granting Motion for Summary Judgment,” is a final order, and that an
appellant who relied on a subsequent Final Summary Judgment to file the Notice
of Appeal was too late. The appeal was
dismissed as untimely. The Order here determined
that the motion should be granted and contained the following language: “Summary Judgment is herewith entered in
favor of the defendant.” By
having such self-executing, unequivocal language of finality rendered the order
sufficient to constitute a final order.
http://opinions.1dca.org/written/opinions2012/09-11-2012/12-3302.pdf
DUTY OF CANDOR
McDaniel Ranch P’ship
v. McDaniel Reserve Realty Holdings, LLC, --- So. 3d --- (Fla. 2d DCA September
7, 2012) reminded appellate counsel of the duty of candor to the court when he
made arguments not supported by the record and persisted at oral argument even
after the discrepancy was brought to his attention.
http://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2012/September/September%2007,%202012/2D10-2414.pdf
Very interesting post Juan. I thoroughly enjoyed reading it. You are definitely right when saying that an order for granting a motion for summary of a judgement is not an appealable order. Someone should speak with someone who works in
ReplyDeleteCourt reporting in West Palm Beach FL.
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