RAYMOND WAYNE RAMOS AND SOUTHLAND INSURANCE COMPANY, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1984-10-03
No. 84-46
HOBSON, A.C.J., and GRIMES and LE-HAN, JJ., concur.
456 So. 2d 1297 Florida District Court of Appeal, Second District (1984) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is dismissed as untimely. A motion for rehearing on an order issued under Fla.R.Civ.P. 1.540(b) is not an authorized motion for rehearing. See Smith v. Weede, 433 So. 2d 992 (Fla. 5th DCA 1983); Potucek v. Smeja, 419 So. 2d 1192 (Fla. 2d DCA 1982). Therefore, no appeal is allowable from the denial of the motion for rehearing, and the purported motion for rehearing did not toll the time to file a notice of appeal from the order denying relief under Fla.R.Civ.P. 1.540(b).

HOBSON, A.C.J., and GRIMES and LE-HAN, JJ., concur.


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  • …vision in the appellate rules for filing a petition to rehear an order entered upon a motion for relief under Florida Rule of Civil Procedure 1.540(b) and, therefore, rendition of said order is not affected by a motion for rehearing. Ramos v. State, 456 So. 2d 1297 (Fla. 2d DCA 1984); Tacy v. Davis, 425 So. 2d 603 (Fla. 4th DCA 1982); Potucek v. Smeja, 419 So. 2d 1192 (Fla. 2d DCA 1982). That, of course, makes the notice of appeal filed August 1, 1985, un [*1179] timely and precludes jurisdiction in this court…
  • Williams v. Dep't OF Health & Rehabilitative Servs., 468 So. 2d 504 (Fla. 5th DCA 1985)
    …t order. Hofer v. Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982); Fla.R. App.P. 9.020(g). The notice of appeal was filed more than 30 days from rendition of the order sought to be reviewed, so we have no jurisdiction. Smith, supra; Ramos v. State, 456 So. 2d 1297 (Fla. 2d DCA 1984). APPEAL DISMISSED. FRANK D. UPCHURCH, Jr., and CO-WART, JJ., concur.…
  • Catalano v. Catalano, 516 So. 2d 77 (Fla. 5th DCA 1987)
    …lorida Rule of Civil Procedure 1.540(b) are not authorized. Therefore, such motion in this case did not toll the time for appellant to file a notice of appeal from the order dis [*78] missing appellant’s petition under that Rule. See Ramos v. State, 456 So. 2d 1297 (Fla. 2d DCA 1984); Smith v. Weede, 433 So. 2d 992 (Fla. 5th DCA 1983); Tacy v. Davis, 425 So. 2d 603 (Fla. 4th DCA 1982). See also Francisco v. Victoria Marine Shipping, Inc., 486 So. 2d 1386 (Fla. 3d DCA), rev. denied, 494 So. 2d 1153 (Fla.1986);…

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