BRUCE J. SESLOW, APPELLANT,
v.
VIKKI K. SESLOW, APPELLEE
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PER CURIAM.
The former wife/appellee filed a motion for rehearing, which basically rear-gued the merits of this case. Fla.R.App.P. 9.330(a). Such motions are inappropriate and fail to comport with Jacobs v. Wainwright, 450 So. 2d 200, 201 (Fla.), cert. denied, 469 U.S. 1062, 105 S.Ct. 545, 83 L.Ed.2d 433 (1984). Had this been the only basis for this motion, it would have been denied. However, in a motion to supplement the motion for rehearing, the appellee advises this court that the parties settled the issue of attorney’s fees three months prior to the filing of the motion for rehearing and the monies have been paid. As our opinion reversed the case only on the basis of the trial court’s award of attorney’s fees, the issue is now moot. Dominion Properties Corp. v. Faruolo, 264 So. 2d 94 (Fla. 4th DCA 1972). The motion for rehearing is, therefore, granted. We withdraw our prior opinion of May 12, 1993, and substitute the following opinion for that previously issued.
AFFIRMED.
GUNTHER and FARMER, JJ., and MAY, MELANIE G., Associate Judge, concur.
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Barnes v. State, 743 So. 2d 1105 (Fla. 4th DCA 1999)…201 (Fla.), cert. denied, 469 U.S. 1062, 105 S.Ct. 545, 83 L.Ed.2d 433 (1984) (“A motion for rehearing shall not reargue the merits of the Court’s order.”); Lawyers Title Ins. Corp. v. Reitzes, 631 So. 2d 1100 (Fla. 4th DCA 1993); Seslow v. Seslow, 625 So. 2d 1248 (Fla. 4th DCA 1993); Whipple v. State, 431 So. 2d 1011, 1013 (Fla. 2nd DCA 1983). More recently, in Goter v. Brown, 682 So. 2d 155 (Fla. 4th DCA 1996), review denied, 690 So. 2d 1299 (Fla.1997), we said: “We had thought we made quite clear 3 years…
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Merkle v. Guardianship OF Robert J. Jacoby, 912 So. 2d 595 (Fla. 2d DCA 2005)…212 (Fla.1992) (citations omitted). The settlement of a case renders it moot. See Santa Rosa County v. Admin. Comm’n, Div. of Admin. Hearings, 661 So. 2d 1190, 1193 (Fla.1995); Jones v. Champion, 675 So. 2d 244 (Fla. 2d DCA 1996); Seslow v. Seslow, 625 So. 2d 1248 (Fla. 4th DCA 1993). The voluntary payment of a disputed charge has the same effect. See Lieber v. Lieber, 40 So. 2d 111, 113 (Fla.1949). When a pending appeal becomes moot by reason of a settlement, rule 9.350(a) requires counsel to notify the app…
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Lawyers Title Ins. Corp. v. Reitzes, 631 So. 2d 1100 (Fla. 4th DCA 1993)…der.... (Emphasis added.) We find nothing in the instant motion for rehearing that appellant did not argue in his briefs or in oral argument. The motion does what Rule 9.330(a) proscribes; it re-argues the merits of the case. See Seslow v. Seslow, 625 So. 2d 1248 (Fla. 4th DCA 1993); Jacobs v. Wainwright, 450 So. 2d 200, 201 (Fla.), cert. denied, 469 U.S. 1062, 105 S.Ct. 545, 83 L.Ed.2d 433 (1984). Motions for rehearing filed under these circumstances are particularly troubling in light of Whipple v. State,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Chevron Chem. Co. v. Ferebee, 469 U.S. 1062 (U.S. 1984)
- Moore v. Shultz, 469 U.S. 1062 (U.S. 1984)
- Eligaah Ardalle Jacobs v. Louie L. Wainwright, 450 So. 2d 200 (Fla. 1984)
- Dominion Props. Corp. v. Lole Faruolo, 264 So. 2d 94 (Fla. 4th DCA 1972)