WAKULLA WOOD PRODUCTS, PETITIONER,
v.
JOHN ALLEN RICHEY AND MARY LOUISE RICHEY, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Wakulla Wood Products sought review of a circuit court order dismissing its appeal from an adverse county court judgment. The court granted the writ of certiorari and held that an untimely motion to amend by the non-moving party did not toll the rendition of judgment, thereby requiring reinstatement of the appellant's timely appeal.
Appellate Rule 9.020(g) does not operate to extend the time for a non-moving party to file an otherwise untimely motion to alter or amend a judgment. The final judgment was deemed rendered upon disposition of the moving party's timely motion for new trial, and the non-moving party's untimely motion to amend had no effect on rendition. Therefore, the amended judgment was a nullity and the appellant's timely appeal from the original order denying its motion must be reinstated.
[1] A timely motion for new trial or rehearing tolls the rendition of a final judgment for purposes of calculating the time for filing a notice of appeal.
[2] An otherwise untimely motion to alter or amend a judgment does not extend the time for filing a notice of appeal, even if a timely motion for new trial or rehearing is pe…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Contrary to respondents' argument in this court and the lower courts, appellate Rule 9.020(g) does not operate to extend the time during which a non-moving party may file an otherwise untimely motion to alter or amend a judgment.”
Establishes the core holding that Rule 9.020(g) cannot be used by non-moving parties to file late motions to amend.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA county court entered a final judgment awarding damages to the Richeys on November 16, 1983. Wakulla Wood Products timely filed a motion for new tria…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Alter Or Amend Judgment cases and more on FLexlaw
NIMMONS, Judge.
We have before us a petition for writ of certiorari filed by Wakulla Wood Products seeking review of an order of the Wakulla County Circuit Court dismissing petitioner’s appeal from an adverse final judgment rendered by the county court. We grant the writ of certiorari and quash the circuit court’s order.
On November 16, 1983, a final judgment awarding damages to respondents John and Mary Richey (plaintiffs in the trial court) was entered by the county court. Within the ten-day period after entry of the judgment prescribed by Fla.R.Civ.P. 1.530(b) and (g), petitioner filed a motion for new trial, rehearing or amendment of judgment. While petitioner’s motion was pending, respondents filed a motion to amend the final judgment on February 15, 1984, seeking to increase the amount of damages awarded to them. Petitioner’s motion to strike respondents’ motion to amend as untimely was denied.
The county court denied petitioner’s motion for new trial, rehearing or amendment of judgment on April 16, 1984, and petitioner timely filed a notice of appeal to the circuit court on May 10, 1984, thus transferring the cause to the circuit court acting in its appellate capacity. De La Portilla v. De La Portilla, 304 So. 2d 116 (Fla.1974).
However, the county court proceeded to hear respondents’ motion to amend the final judgment and on July 3, 1984, amended the original final judgment by increasing the amount of damages awarded to respondents. Respondents then filed a motion to dismiss petitioner’s appeal contending that the circuit court’s appellate jurisdiction had not been invoked by petitioner’s untimely notice of appeal.
The circuit court granted respondent’s motion and dismissed petitioner’s appeal by order dated November 8, 1984, which order is the subject of the instant petition.
Respondents rely upon Fla.R.App.P. 9.020(g) as the basis for their erroneous conclusion that petitioner’s timely motion for new trial or rehearing tolled the time of rendition of the final judgment such that respondents’ motion to amend, filed 91 days after entry of the final judgment, also was timely filed.
Rule 9.020(g) defines rendition of an order and further provides that “[wjhere there has been filed in the lower tribunal an authorized and timely motion for new trial or rehearing, to alter or amend, ... the order shall not be deemed rendered until disposition thereof.” According to respondents, since their motion to amend was still pending at the time petitioner filed its notice of appeal, the final judgment had not yet been rendered. Under respondents’ analysis of the appellate rule, the final judgment was not rendered until both motions were disposed of, thereby giving the trial court jurisdiction to rule upon respondents’ motion to amend and enter an amended final judgment.
Contrary to respondents’ argument in this court and the lower courts, appellate Rule 9.020(g) does not operate to extend the time during which a non-moving party may file an otherwise untimely motion to alter or amend a judgment. Fla.R. Civ.P. 1.090(b) provides that the time for making a motion for new trial, motion for rehearing, or motion to alter or amend a judgment may not be extended. In this case, the final judgment was deemed rendered, for purposes of calculating the time for filing a notice of appeal, upon disposition of petitioner’s timely motion for new trial or rehearing. Respondents’ motion to amend was untimely and thus had no effect upon rendition of the final judgment. Con sequently, the amended final judgment of July 8, 1984, was a nullity.
This case is remanded to the circuit court with directions to reinstate petitioner’s timely appeal from the county court’s April 16, 1984, order denying petitioner’s motion for new trial, rehearing or amendment.
SMITH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
SKY Lake Gardens Rec., Inc. v. Dist. Court OF Appeal, 511 So. 2d 293 (Fla. 1987)…nal judgment. Therefore, the date of rendition was the date of filing of the amended final judgment. State ex rel. Park Towers Associates, Ltd. v. District Court of Appeal, Third District, 221 So. 2d 136 (Fla. 1969); Wakulla Wood Products v. Richey, 465 So. 2d 660 (Fla. 1st DCA 1985); Duval County School Board v. Rupp, 414 So. 2d 556 (Fla.1st DCA 1982). We therefore conclude that petitioner’s appeal was timely filed and should not have been dismissed. Having determined that the district court improperly dism…
-
In the Interest of M.L.M., 564 So. 2d 1222 (Fla. 1st DCA 1990)…1047. The natural mother’s notice of appeal presents a different question, although we reach the same result. The natural mother’s motion for rehearing was untimely and as such did not affect rendition of the order. Wakulla Wood Products v. Richey, 465 So. 2d 660, 661 (Fla. 1st DCA 1985). However, Rule 9.020(g) does not require that the party filing the notice of appeal be the same party who timely initiates the motion for rehearing. Under the rule, a timely motion for rehearing, by any party, suspends rendi…
-
Gordon v. Richter, 528 So. 2d 374 (Fla. 3d DCA 1987)…Farm Bureau Ins. Co., 467 So 2d 442 (Fla. 5th DCA 1985) (second motion for new trial untimely when not served within ten days of rendition of jury verdict and therefore could not toll time for filing notice of appeal); Wakulla Wood Prods. v. Richey, 465 So. 2d 660 (Fla. 1st DCA 1985) (second untimely motion to amend final judgment had no effect upon rendition of final judgment for purposes of calculating time for filing notice of appeal). Finding Gordon’s notice of appeal to have been timely filed, we deny…
Authorities Cited
- DE LA Portilla v. DE LA Portilla, 304 So. 2d 116 (Fla. 1974)