JANET HOFER, GUARDIAN AD LITEM, PETITIONER,
v.
MARITZ GIL DE RUBIO AND FERDINAND GIL DE RUBIO, RESPONDENTS
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ORFINGER, Judge.
The petition for certiorari is dismissed for lack of jurisdiction, because it was not filed within thirty days of the rendition of the order sought to be reviewed. Fla.R.App.P. 9.100(c). We do not consider the merits of the petition. There is no provision in the Florida Rules of Civil Procedure authorizing a motion for rehearing addressed to an interlocutory or non-final order. Therefore, the filing of such motion for rehearing of the trial court’s order striking from the docket a report of the guardian ad litem does not delay “rendition” of the order, because only an authorized motion delays rendition. Florida Rule of Appellate Procedure 9.020(g). The motion for rehearing here 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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State v. Lozano, 616 So. 2d 73 (Fla. 1st DCA 1993)…age, 509 So. 2d 1097 (Fla.1987). Additionally, a petition for writ of certiorari [*75] must be filed within 30 days of rendition of the order to be reviewed, and that time limit is jurisdictional. See Fla.R.App.P. 9.100(c)(1); Hofer v. Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982). Initially, we were concerned that our jurisdiction had not been timely invoked, as petitioner, in effect, challenges the May, 1992, order which moved the trial from Orlando to Tallahassee. While the respondent did file objectio…
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Buford A. Green v. State, 450 So. 2d 1275 (Fla. 5th DCA 1984)…State, 437 So. 2d 245 (Fla. 5th DCA 1983); Smith v. Weede, 433 So. 2d 992 (Fla. 5th DCA 1983); Manna Provisions Co. v. Blume, 417 So. 2d 832 (Fla. 1st DCA 1982); City of Melbourne v. Floyd, 415 So. 2d 758 (Fla. 5th DCA 1982); Hofer v. Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982); Guzman v. State, 364 So. 2d 523 (Fla. 2d DCA 1978).…
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McGEE v. McGEE, 487 So. 2d 412 (Fla. 4th DCA 1986)…r, and therefore does not delay the time of filing a writ of. certio-rari. Owens v. Jackson, 476 So. 2d 264 (Fla. 1st DCA 1985); Williams v. Department of Health and Rehabilitative Services, 468 So. 2d 504 (Fla. 5th DCA 1985); Hofer v. Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982). In the present case, the writ of certiorari was untimely because the petition for rehearing was not authorized. Therefore, the date of rendition was September 21, 1985, the date that the court denied the wife’s motion to disqu…
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- Wagner v. Bieley, 263 So. 2d 1 (Fla. 1972)
- Gordon v. Barley, 383 So. 2d 322 (Fla. 5th DCA 1980)
- Stockton v. Crapps, 382 So. 2d 891 (Fla. 1st DCA 1980)