1st Oriental Market, LLC v. Enson Market, Inc. and Xinsen Ni
The Sixth District dismissed the appeal for lack of jurisdiction. The partial summary judgment could be appealed only as a nonfinal order under rule 9.130, so the notice of appeal was due within 30 days of rendition. A motion for rehearing or reconsideration directed at a nonfinal order does not toll rendition, and an order denying reconsideration of a nonfinal order cannot itself be appealed.
Key facts
- The trial court granted Appellee Xinsen Ni partial summary judgment on count one of a four-count amended complaint against 1st Oriental Market, LLC; the order was rendered July 6, 2023.
- Appellant filed a motion titled a motion for rehearing on July 20, 2023, within 15 days of the order. The court treated it as a motion for reconsideration because it was aimed at a nonfinal order.
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Holdings
- A partial summary judgment on one count is neither a final judgment nor an appealable partial final judgment under Fla. R. App. P. 9.110(k) when it does not dispose of the entire case as to…
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Why it matters
This is a clear warning about a common appellate trap. Before relying on a post-order motion to extend the appeal deadline, counsel must decide whether a partial summary judgment is a nonfinal order appealable under… — full analysis with a trial
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