Bensimon v. Trust Real Estate Ventures — appeal dismissed as filed too late

Case
Amnon Bensimon v. Trust Real Estate Ventures, LLC, et al.
Court
Florida Third District Court of Appeal
Judge
Lindsey, J.; Gordo, J.; Bokor, J.
Date Decided
September 2, 2026
Docket No.
3D25-0453
Topics
Appellate jurisdiction; Final judgments; Timeliness; Summary judgment
Source
Read the full opinion

Background

Amnon Bensimon brought 11 claims against Trust Real Estate Ventures, LLC, and its owner, Gideon Gratsiani, over an alleged breach of a $1.2 million promissory note. Trust Real Estate conceded liability on the note, but disputed that Gratsiani was personally liable.

The circuit court entered partial summary judgment rejecting the claims against Gratsiani individually. On December 10, 2024, it entered an order labeled “Final Summary Judgment” awarding Bensimon $1.2 million against Trust Real Estate, denying reconsideration of the claims against Gratsiani, and directing that execution issue. A materially identical February 10, 2025 order added that the court retained jurisdiction over attorney fees and costs. Bensimon appealed only after rehearing of the February order was denied.

The Court’s Holding

The Third District dismissed the appeal for lack of jurisdiction. It held that the December 10 order was already a final, appealable judgment because it disposed of the remaining claims, denied reconsideration of the previously resolved individual-liability claims, and authorized execution.

Because Bensimon did not file a notice of appeal within 30 days after rendition of that December order, the appeal was untimely. The later, materially identical February order did not restart or toll the time to seek appellate review.

Key Takeaways

  • An order can be final and immediately appealable when it fully resolves the claims and directs that execution issue.
  • A later order that is materially identical to an earlier final judgment does not extend the appeal deadline.
  • Failure to appeal a final order within 30 days deprives the appellate court of jurisdiction.

Why It Matters

The decision underscores that parties must assess finality from the substance and operative language of an order, not merely from later labels or subsequent duplicate judgments. Language authorizing execution can make a summary-judgment order final even when a later order reserves jurisdiction over fees and costs.

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