STOCKTON, WHATLEY, DAVIN AND COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
DANIEL CRAPPS, D/B/A DANIEL CRAPPS REALTOR, APPELLEE

Fla. 1st DCA | 1980-04-30
No. SS-209
McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.
382 So. 2d 891 Florida District Court of Appeal, First District (1980) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of an order denying its motion to dismiss or transfer for improper venue. We find that appellant’s notice of interlocutory appeal was untimely filed. Fla.R.App.P. 9.130(b). Since there is no provision in the Florida Rules of Civil Procedure authorizing a motion for rehearing directed to an interlocutory order, Wagner v. Bieley, Wagner & Associates, Inc., 263 So. 2d 1 (Fla. 1972), appellant’s motion for rehearing directed to the interlocutory order denying its motion 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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Citator

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  • Litem v. Maritz GIL DE Rubio and Ferdinand Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982)
    …e had no effect on the time for filing the petition for writ of certiorari. Wagner v. Bieley, Wagner and Associates, Inc., 263 So. 2d 1 (Fla.1972); Gordon v. Barley, 383 So. 2d 322 (Fla. 5th DCA 1980); Stockton, Whatley, Davin and Company v. Crapps, 382 So. 2d 891 (Fla. 1st DCA 1980). FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.…

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