LAWRENCE EVERETT BENNETT, APPELLANT,
v.
KATHLEEN RUTH MCFARLAND BENNETT, APPELLEE

Fla. 5th DCA | 1994-10-21
No. 94-395
W. SHARP and GOSHORN, JJ., concur.
645 So. 2d 32 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 6 cases
Topics
Motion For Rehearing Notice Of Appeal Interlocutory Orders Jurisdiction

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from an order of contempt in a marital dissolution case. We dismiss the appeal.

An order of contempt for nonpayment of spousal support is an interlocutory order, an order appealable under the rules governing non-final appeals. Fla.R.App.P. 9.130(a)(4); Department of Health & Rehabilitative Servs. v. Beckwith, 624 So. 2d 395 (Fla. 5th DCA 1993). The time for filing a notice of appeal from a non-final order is thirty days. Fla.R.App.P. 9.130(b). Motions for rehearing of non-final orders do not toll the time for taking an appeal. Freeman v. Perdue, 588 So. 2d 671 (Fla. 5th DCA 1991).

Because the notice of appeal was filed more than thirty days from the date the order appealed was entered, it is untimely. We lack jurisdiction to hear this appeal.

APPEAL DISMISSED.

W. SHARP and GOSHORN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Deal v. Deal, 783 So. 2d 319 (Fla. 5th DCA 2001)
    …A 1982). We conclude, therefore, that a motion for rehearing directed to a non-final order, such as the order in the instant case, is not authorized under the rules and does not toll the time for filing the notice of appeal. See Bennett v. Bennett, 645 So. 2d 32 (Fla. 5th DCA 1994); Freeman v. Perdue, 588 So. 2d 671 (Fla. 5th DCA 1991); see also Wagner; National Assurance Underwriters, Inc. v. Kelley, 702 So. 2d 614 (Fla. 4th DCA 1997); Nationwide Ins. Co. v. Forrest, 682 So. 2d 672 (Fla. 4th DCA 1996); Lon…
  • Jake & THE FAT MAN Bike Week USA, Inc. v. Biker Design, Inc., 919 So. 2d 476 (Fla. 5th DCA 2005)
    …nc. v. Lake County, 763 So. 2d 1223, 1225 (Fla. 5th DCA 2000); Allen v. Fla. Dept. of Military Affairs, 576 So. 2d 971, 972 (Fla. 5th DCA 1991). Motions for rehearing of nonfinal orders do not toll the time for taking an appeal. Bennett v. Bennett, 645 So. 2d 32, 32 (Fla. 5th DCA 1994); Adlow, Inc. v. Mauda, Inc., 632 So. 2d 714, 714-15 (Fla. 5th DCA 1994); Manna Provisions Co. v. Blume, 417 So. 2d 832, 833 (Fla. 1st DCA 1982). Because Jake filed an appeal of a nonfi-nal order more than thirty days followi…
  • Berger v. Berger, 795 So. 2d 113 (Fla. 5th DCA 2001)
    …n over the summer, to be supervised by Sandra. We have jurisdiction to review these temporary orders. Remington v. Remington, 705 So. 2d 920 (Fla. 4th DCA 1997); Alves v. Barnett Mortgage Co., 688 So. 2d 459 (Fla. 4th DCA 1997); Bennett v. Bennett, 645 So. 2d 32 (Fla. 5th DCA 1994). We also find that the record below fails to support the trial court’s rulings. With regard to the order changing custody or visitation provisions, Francis failed to establish that the best interests of the children would be pro…

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