FLORIDA EAST COAST RAILWAY COMPANY, APPELLANT,
v.
SOUTHERN SANITATION SERVICE, INC., A FLORIDA CORPORATION, AND CITY OF DELRAY BEACH, A MUNICIPAL CORPORATION, APPELLEES
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PER CURIAM.
This is an appeal from an order granting appellee’s motion to dismiss for lack of prosecution. The order did not indicate that it was “with prejudice” and as such it constitutes a nonfinal order, appeal-able as an interlocutory appeal pursuant to Fla.R.App.P. (1962) 4.2(a). Reilly v. Fuss, 170 So. 2d 475 (Fla. 2d DCA 1964); ef., Southwest Electric Supply v. Banfield, 302 So. 2d 810 (Fla. 2d DCA 1974). A motion for rehearing (he>*e a motion for reconsideration) directed to an interlocutory order will not suspend rendition of that order, and thus, has no effect on the time for filing a notice of appeal. Wagner v. Wagner, 268 So. 2d 1 (Fla.1972); Southwest Electric Supply, supra.
The order sought to be reviewed herein was rendered on July 28, 1977. The notice of appeal was filed fifty-seven days later. Appellant has therefore failed to invoke this Court’s jurisdiction and this appeal is dismissed sua sponte.
MOORE and BERANEK, JJ., and FRANZA, ARTHUR, J., Associate Judge, concur.
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Gordon v. Barley, 383 So. 2d 322 (Fla. 5th DCA 1980)…ity, then its filing is improper and would not toll the rendition date of the order or the running of the time for seeking appellate review of the order complained about. See also Florida East Coast Railway Co. v. Southern Sanitation Service, Inc., 370 So. 2d 1200 (Fla. 4th DCA 1979) wherein the court stated that a motion for rehearing directed to an interlocutory order will not suspend rendition of that order and thus has no effect on the time for filing a notice of appeal. While these cases were decided un…
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Fla. E. Coast Ry. Co. v. S. Sanitation Serv., 392 So. 2d 355 (Fla. 4th DCA 1981)…its motion for reconsideration, FEC on September 23, 1977, filed a notice of appeal of the July 28, 1977 trial court order of dismissal. We dismissed that appeal as untimely.1 Florida East Coast Railway Company v. Southern Sanitation Service, Inc., 370 So. 2d 1200 (Fla. 4th DCA 1979). Thereafter the trial court entered a final judgment of dismissal without prejudice on September 5, 1979 which dismissed the proceeding as to all claims and all parties. FEC brought this appeal from that final judgment. Initiall…1 / 2
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Stockton v. Crapps, 382 So. 2d 891 (Fla. 1st DCA 1980)…tion to dismiss or transfer for improper venue did not suspend rendition of such order, and thus had no effect on the time for filing a notice of appeal. Fla.R.App.P. 9.020(g); Florida East Coast Railway Company v. Southern Sanitation Service, Inc., 370 So. 2d 1200 (Fla. 4th DCA 1979); Business Cards Tomorrow, Inc. v. Advisory Board, Inc., 379 So. 2d 473 (Fla. 4th DCA 1980). Accordingly,- the appeal is hereby DISMISSED. McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.…
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- LaVonne D. Reilly v. Fuss, 170 So. 2d 475 (Fla. 2d DCA 1964)
- Sw. Elec. Supply, Inc. v. Banfield, 302 So. 2d 810 (Fla. 2d DCA 1974)
- Mason v. Louie L. Wainwright, 268 So. 2d 1 (Fla. 1972)
- Carmichael v. City OF Coral Gables, 268 So. 2d 1 (Fla. 1972)