Background
Veraleane Watson appealed two Orange County circuit-court orders in a property dispute involving Euckial Rolle and Gelita Rolle. The first order granted the Rolles’ motion for partial summary judgment and directed the sale of the subject property.
Watson also appealed the trial court’s denial of her emergency motion to vacate judgment. She filed her notice of appeal more than thirty days after the order directing the property’s sale.
The Court’s Holding
The Sixth District dismissed Watson’s appeal from the partial-summary-judgment order as untimely. An order of partition becomes final and appealable when it directs the sale of the property, even if the trial court retains jurisdiction to adjust the parties’ accounts later.
Because the sale order was final, Watson had thirty days to file a notice of appeal from it. The court otherwise affirmed the order denying her emergency motion to vacate judgment in all respects.
Key Takeaways
- A partition order directing a property sale is a final, appealable order.
- The thirty-day appeal deadline runs from that final sale order.
- The court affirmed the denial of Watson’s emergency motion to vacate judgment.
Why It Matters
The decision underscores that parties in partition cases must promptly appeal an order directing a sale. A trial court’s continued jurisdiction over later accounting issues does not postpone the deadline to seek appellate review of the sale order.