MELINDA S. CATALANO, APPELLANT,
v.
DAVID J. CATALANO, APPELLEE
COWART, Judge.
This appeal is dismissed as untimely. Motions for rehearing (or for “reconsideration”) of an order issued under Florida 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 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); Irwin v. Walker, 468 So. 2d 241 (Fla. 2d DCA 1984).
DISMISSED.
UPCHURCH, C.J., and ORFINGER, J., concur.
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Drak, L.L.C. v. Salcines Dev., Inc., 5 So. 3d 713 (Fla. 3d DCA 2009)…ing and reconsideration. The trial court lacked jurisdiction to entertain a motion for rehearing of its October 16, 2008 order denying Porry and Alegre’s motion to set aside default final judgment. See Fla. R. Civ. P. 1.540(b); Catalano v. Catalano, 516 So. 2d 77, 77 (Fla. 5th DCA 1987) (stating that motions for rehearing of orders issued under Florida Rule of Civil Procedure 1.540(b) are not authorized); Francisco v. Victoria Marine Shipping, 486 So. 2d 1386 (Fla. 3d DCA 1986) (stating that an order entered…
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Thornton v. Farhat Jabeen, 683 So. 2d 150 (Fla. 3d DCA 1996)…ivil Procedure, 1.530 and that the trial court was, therefore, without authority to entertain Victoria Marine’s motion for rehearing.” Id. at 1391. Accord, Talley v. Canal Indem. Co., 558 So. 2d 1088 (Fla. 4th [*151] DCA 1990); Catalano v. Catalano, 516 So. 2d 77 (Fla. 5th DCA 1987); Napco Paints, Inc. v. LaPorte, 490 So. 2d 1023 (Fla. 3d DCA 1986). Thus, the trial court did not have jurisdiction to rule on Jabeen’s motion for rehearing once it had denied her motion to vacate the final summary judgment. Re…
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Albano v. Albano, 579 So. 2d 757 (Fla. 5th DCA 1991)…appeal-able non-final order entered on 1.540 motion.). Since the order in the instant case was one entered on a motion pursuant to rule 1.540, the motion for rehearing directed to the order did not stay the time for rendition. Catalano v. Catalano, 516 So. 2d 77 (Fla. 5th DCA 1987). Since the [*759] motion for rehearing did not stay rendition, the notice of appeal filed some three months later was untimely. The order rendered June 5, 1990, entitled “Final Judgment” does nothing to extend the time of appeal…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Francisco v. Victoria Marine Shipping, Inc., 486 So. 2d 1386 (Fla. 3d DCA 1986)
- Smith v. Weede, 433 So. 2d 992 (Fla. 5th DCA 1983)
- Tacy v. Davis, 425 So. 2d 603 (Fla. 4th DCA 1982)
- State Farm Mut. Auto. Ins. Co. v. Lewis, 425 So. 2d 603 (Fla. 4th DCA 1982)
- Ramos v. State, 456 So. 2d 1297 (Fla. 2d DCA 1984)
- Irwin v. Walker, 468 So. 2d 241 (Fla. 2d DCA 1984)