Background
1st Oriental Market, LLC appealed two Orange County circuit-court orders: an order granting Xinsen Ni partial summary judgment on count one of a four-count amended complaint brought by Ni and Enson Market, Inc., and a later order denying 1st Oriental’s reconsideration motion.
The partial-summary-judgment order was rendered July 6, 2023. 1st Oriental moved for reconsideration on July 20, but did not file its initial notice of appeal until December 29, 2023. The circuit court denied reconsideration on September 18, 2024.
The Court’s Holding
The Sixth District dismissed for lack of jurisdiction. The partial-summary-judgment order was neither a final judgment nor an appealable partial final judgment because it did not end judicial labor, dispose of the case as to a party, or resolve a separate and distinct claim independent of the remaining claims.
The order was nevertheless appealable as a nonfinal order because it involved an injunction and the right to immediate possession of property. But Florida Rule of Appellate Procedure 9.130 required a notice of appeal within 30 days of rendition. The reconsideration motion did not toll that deadline, and the order denying reconsideration of a nonfinal order was not independently appealable. The dismissal was without prejudice to any later review available through a timely appeal from an appealable partial final or final judgment.
Key Takeaways
- An appealable nonfinal order must be appealed within 30 days of rendition.
- A motion for reconsideration of a nonfinal order does not toll the Rule 9.130 deadline.
- An order denying reconsideration of a nonfinal order is not itself appealable.
Why It Matters
The decision reinforces that the character of the underlying order controls appellate timing. Even when a litigant labels its motion as one for rehearing, a motion directed to a nonfinal order is treated as reconsideration and does not extend the time to appeal.