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Rios v. Miami's Garage, Inc.

Florida Court of Appeals, Third District

April 26, 2017

Jorge Rios, Appellant,
v.
Miami's Garage, Inc., a Florida Corporation, and Professional Lien and Title Service Corp., a Florida Corporation, Appellees.

         Not final until disposition of timely filed motion for rehearing.

         An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Lower Tribunal No. 14-30412 Jose M. Rodriguez, Judge.

          Law Offices of Yoder & Ohanian, LLC, and Sebastian Ohanian, for appellant.

          Richard Lorenzo, for appellees.

          Before LAGOA, SALTER, and FERNANDEZ, JJ.

         ON MOTION TO DISMISS

          LAGOA, J.

          Jorge Rios ("Rios") appeals from a non-final order denying his motion for summary judgment. Appellees, defendants below, Miami's Garage, Inc. ("Miami's Garage"), and Professional Lien and Title Service, Corp. ("Professional Lien") (collectively "Defendants"), move to dismiss the appeal for lack of jurisdiction. We grant the motion and dismiss the appeal.

         I. FACTUAL AND PROCEDURAL HISTORY

         Rios filed an action against Defendants for the purported taking and titling of a Lamborgini. The parties agree that Rios and Miami's Garage entered into an agreement to repair the vehicle. The parties do not agree on what occurred next. Rios asserted that Miami's Garage ceased working on the vehicle over a dispute about the amount of time the repairs were taking and Miami's Garage asserted that Rios was responsible for supplying the parts to repair the vehicle but failed to do so. Both parties agree that Miami's Garage hired Professional Lien to place a lien on the vehicle and to auction the vehicle at a public auction. Because no bids were made on the vehicle in excess of the lien amount, Miami's Garage prevailed on the lien claim. Following the auction, Professional Lien made an application for title to the vehicle, which was subsequently approved in the name of Miami's Garage.

         Rios and the Defendants filed cross-motions for summary judgment. A hearing was held on the cross-motions and the trial court entered an order that stated: "Plaintiff's motion for summary judgment . . . is denied [and] Defendants' cross motion for summary judgment is taken under advisement." This appeal ensued.

         II. ANALYSIS

         Defendants move to dismiss this appeal as taken from a non-final, non-appealable order. In response to the motion to dismiss, Rios contends that the trial court's order is an appealable order because it denies him immediate possession of property under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii).

         We are unpersuaded by Rios's argument, as the trial court's order did not determine that any party was entitled to immediate possession of the vehicle. See Profile Invs., Inc. v. Delta Prop., Inc., 957 So.2d 70 (Fla. 1st DCA 2007) (dismissing appeal of order as non-final and non-appealable where "order [did] not directly determine the immediate right to possession of property"); cf. Thunderbird, Ltd., v. Great Am. Ins. Co., 470 So.2d 2, 3 (Fla. 1st DCA 1985) (denying motion to dismiss appeal and finding that interlocutory order that ordered receiver to take exclusive possession of property was an appealable non-final order pursuant to Rule 9.130(a)(3)(C)(ii)). Indeed, the order merely denies Rios's motion for summary judgment and reserves ruling on Defendants' motion for summary judgment. An order denying a motion for summary judgment does not ...


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