ADOLFO POSADAS SAN MARTIN

v.

ANA POSADAS

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

Case No. 5D2025-0813 LT Case No. 2018-CA-008373

ADOLFO POSADAS SAN MARTIN, Appellant,

v.

ANA POSADAS, Appellee.

On appeal from the Circuit Court for Duval County. Robert M. Dees, Judge.

Jonathan Lucas and David H. Willis, of Willis-Lucas Law Group, P.A., Jacksonville, for Appellant.

Theresa C. Pontieri, of Lesak, Hamilton, Calhoun & Pontieri, PLLC, Jacksonville, for Appellee.

October 30, 2026

PER CURIAM.

Appellant, Aldolfo Posadas San Martin, appeals the trial court's August 2024 order discharging a mechanic's lien, which Appellant filed in an effort to secure payment for labor and materials he provided with regard to certain structures owned by Appellee, Ana Posada. Appellant filed a motion for rehearing, which the trial court denied in an order entered several months

later, following which, Appellant filed his notice of appeal. Generally, a petition for certiorari is the appropriate manner of seeking review of an order discharging a lien. Dracon Constr., Inc. v. Facility Constr. Mgmt., Inc., 828 So. 2d 1069, 1070 (Fla. 4th DCA 2002). The petition must be filed within thirty (30) days of rendition of that order. Fla. R. App. P. 9.100(c)(1). A motion for rehearing does not toll the time to seek review of a non-final order. See Lovelace v. Lovelace, 124 So. 3d 447, 447 (Fla. 1st DCA 2013). "As with an untimely notice of appeal, an untimely petition for writ of certiorari is ineffective to confer jurisdiction on the appellate court." Caldwell v. Wal-Mart Stores, Inc., 980 So. 2d 1226, 1228 (Fla. 1st DCA 2008). Accordingly, Appellant's effort to seek appellate review is untimely and hereby dismissed.

Appellant also appeals an order finding Appellee entitled to an award of attorney's fees; however, no amount was set in that order and no order setting an amount is included in the record on appeal. Accordingly, we dismiss that aspect of the appeal as premature. See Allstate Ins. Co. v. Jenkins, 32 So. 3d 163, 165 (Fla. 5th DCA 2010); Mills v. Martinez, 909 So. 2d 340, 342 (Fla. 5th DCA 2005). This dismissal is without prejudice to timely seek appellate review of a final order once one is rendered. See Libman v. Fla. Wellness & Rehab. Ctr., Inc., 260 So. 3d 515, 518 (Fla. 3d DCA 2018).

Although a copy of the trial court's order granting summary judgment was not attached to or referenced in his notice of appeal, a review of Appellant's brief suggests that he appears to be attempting to appeal that order. However, an order simply granting a motion for summary judgment is not a final appealable order; thus, we dismiss that aspect of the appeal as premature. Boyd v. Goff, 828 So. 2d 468, 469 (Fla. 5th DCA 2002). This dismissal is also without prejudice to a timely appeal once a final order has been rendered.

DISMISSED.

LAMBERT, EDWARDS, and KILBANE, JJ., concur.