Amnon Bensimon v. Trust Real Estate Ventures, LLC, etc., et al.
The Third District dismissed an appeal as untimely, holding that the trial court's December 10, 2024 order was a final, appealable order because it disposed of all remaining claims between the parties and directed that execution shall issue. A materially identical later order does not toll or restart the thirty-day appeal window. Because the notice of appeal came more than thirty days after rendition of the original final order, the court lacked jurisdiction.
Key facts
- Amnon Bensimon asserted eleven counts against Trust Real Estate Ventures, LLC and its individual owner, Gideon Gratsiani, arising from an alleged breach of a $1,200,000 promissory note.
- Trust Real Estate conceded liability for the note's $1,200,000 value but denied Gratsiani could be individually liable; the trial court entered a partial summary judgment rejecting all claims against Gratsiani individually.
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Holdings
- An order granting summary judgment is a final, appealable order when it fully disposes of the causes of action between the parties and contains unequivocal language of finality; language…
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Why it matters
A hard, recurring appellate trap: when a trial court signs an order that resolves everything left in the case and says execution shall issue, the thirty-day clock starts then — no matter what the order is titled, and no… — full analysis with a trial
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