Opinion

Frantz v. Moore

2000 Fla. App. LEXIS 15397 · District Court of Appeal of Florida · Nov 28, 2000

Full text

Frantz v. Moore

Opinions in this case

Opinion — Per curiam
Majority

772 So.2d 581 (2000) Phillip R. FRANTZ, Appellant, v. Michael W. MOORE, Appellee. No. 1D00-2401. District Court of Appeal of Florida, First District. November 28, 2000. Appellant, pro se. Robert A. Butterworth, Attorney General, Tallahassee, for Appellee. PER CURIAM. Because a motion for rehearing of an order denying a motion for relief from judgment is not authorized, the motion for rehearing did not toll the time for filing a notice of appeal. See Intercoastal Marina Towers, Inc. v. Suburban Bank, 506 So.2d 1177 (Fla. 4th DCA 1987); Talley v. Canal Indem. Co., 558 So.2d 1088 (Fla. 4th DCA 1990) (Anstead, J., concurring). Accordingly, we dismiss this appeal for lack of jurisdiction. ERVIN, LAWRENCE, and PADOVANO, JJ., CONCUR.

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Parentheticals

dismissing an appeal for lack of jurisdiction “[b]ecause a motion for rehearing of an order denying a motion for relief from judgment is not authorized, [so] the motion for rehearing did not toll the time for filing a notice of appeal”
ADVANCED BIOMEDICAL, INC., A FLORIDA CORPORATION v. 1551 PROPERTIES, LLC, A FLORIDA LIMITED LIABILITY COMPANY
“Because a motion for rehearing of an order denying a motion for relief from judgment is not authorized, the motion for rehearing did not toll the time for filing a notice of appeal.”
SUNTRUST BANK v. Hodges