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Munguia v. Miami-Dade County School Bd.

Florida Court of Appeal, Third District

November 16, 2011

Prospero MUNGUIA, Appellant,
v.
MIAMI-DADE COUNTY SCHOOL BOARD, etc., et al., Appellees.

An Appeal from the Circuit Court for Miami-Dade County, Barbara Areces, Judge.

Richard A. Sicking, Coral Gables, for appellant.

Angones, McClure & Garcia, and Surama Suarez, Miami, for appellees.

Before SALTER and EMAS, JJ., and SCHWARTZ, Senior Judge.

On Motion to Dismiss as Untimely

SCHWARTZ, Senior Judge.

The lower court order of July 16, 2009, which merely " granted" a motion to dismiss, was not an appealable final judgment, see Gries Inv. Co. v. Chelton,388 So.2d 1281, 1282 (Fla. 3d DCA 1980); Donnell v. Indus. Fire & Cas. Co.,378 So.2d 1344, 1346 (Fla. 3d DCA 1980), so an earlier appeal from that order was properly dismissed. Because the present appeal was timely taken from the judgment of September 1, 2011, which actually dismissed the case ...


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