Background
Adolfo Posadas San Martin filed a mechanic’s lien to secure payment for labor and materials he provided for structures owned by Ana Posadas. The circuit court discharged the lien in August 2024. San Martin moved for rehearing, and after the court denied that motion several months later, he filed a notice of appeal.
San Martin also sought review of an order finding Posadas entitled to attorney’s fees, although the order did not set the amount of the award. His appellate brief further suggested that he was attempting to challenge an order granting summary judgment, even though that order was neither attached to nor referenced in the notice of appeal.
The Court’s Holding
The Fifth District dismissed the challenge to the lien-discharge order as untimely. Review of an order discharging a lien generally must be sought by a petition for writ of certiorari filed within 30 days after rendition. Because a motion for rehearing does not toll the deadline for reviewing a nonfinal order, San Martin’s later filing did not confer jurisdiction on the appellate court.
The court dismissed the attorney’s-fee issue as premature because no amount had been fixed and the record contained no order setting one. It likewise dismissed any attempted appeal from the order granting summary judgment because an order merely granting a summary-judgment motion is not a final, appealable order. Both premature dismissals were without prejudice to timely appellate review after entry of final orders.
Key Takeaways
- An order discharging a lien generally must be challenged through certiorari within 30 days of rendition.
- A rehearing motion does not toll the deadline to seek review of a nonfinal order.
- Orders determining entitlement to attorney’s fees without setting an amount, and orders merely granting summary judgment, are not yet final and appealable.
Why It Matters
The decision underscores that selecting the correct method of appellate review and meeting its jurisdictional deadline are essential. A party cannot extend the deadline for certiorari review of a nonfinal lien order by filing a motion for rehearing.
It also illustrates that appellate review ordinarily must await a final order fixing the amount of attorney’s fees or entering final judgment after summary judgment has been granted.