SUSAN SOLMAN-STAROPOLI, APPELLANT,
v.
MARIA CALIFANO AND ARTHUR CARL HASPEL, D.P.M., APPELLEES
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STEVENSON, Judge.
Appellant, a defendant in a medical malpractice suit, seeks review of two non-final orders of the trial court: the first, an order denying her motion for improper venue; the second, an order denying her motion for rehearing of the improper venue motion. We affirm the timely appeal of the non-final order denying the motion to dismiss for improper venue because appellant did not meet her burden of showing that the plaintiffs choice of venue was improper. See Dolphin Cruise Line, Inc. v. Rubin, 603 So. 2d 664 (Fla. 4th DCA 1992). We dismiss the appeal from the order denying the motion for rehearing. This court does not have jurisdiction to review an order on a motion for rehearing of an interlocutory order because this is not one of the non-final orders available for appeal under rule 9.130(a), Florida Rules of Appellate Procedure. Bastida v. Vitaver, 590 So. 2d 1092 (Fla. 3d DCA 1991); Wharton v. DuBose, 458 So. 2d 411 (Fla. 4th DCA 1984).
Accordingly, we affirm the order denying the motion for improper venue and dismiss the appeal of the order denying the motion for rehearing.
STONE and WARNER, JJ., concur.
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Justice v. State, 674 So. 2d 123 (Fla. 1996)…A 1992); Rowland v. State, 548 So. 2d 812 (Fla. 1st DCA 1989). Second District: see, e.g., Williams v. State, 653 So. 2d 407 (Fla. 2d DCA 1995), quashed, 667 So. 2d 191 (Fla.1996); Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994); Peterson v. State, 645 So. 2d 84 (Fla. 2d DCA 1994); Turchario v. State, 616 So. 2d 539 (Fla. 2d DCA 1993); Tillman v. State, 592 So. 2d 767 (Fla. 2d DCA 1992). Fourth District: see, e.g., Vasquez v. State, 663 So. 2d 1343 (Fla. 4th DCA), review dismissed, 666 So. 2d 145 (Fla.1995)…
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Justice v. State, 658 So. 2d 1028 (Fla. 5th DCA 1995)…t is and has been for several years. A few recent examples are: Willis v. State, 640 So. 2d 1188 (Fla. 5th DCA 1994); Sweet v. State, 644 So. 2d 176 (Fla. 5th DCA 1994); Jamail v. State, 637 So. 2d 362 [*1032] (Fla. 1st DCA 1994); Peterson v. State, 645 So. 2d 84 (Fla. 2d DCA 1994); Chicone v. State, 644 So. 2d 532 (Fla. 5th DCA 1994), review denied, 651 So. 2d 1192 (Fla.1995); Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994). Lots of older examples are interspersed with the other "oral over written” cases a…1 / 2
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Morton & Oxley, Ltd. v. Charles S. EBY, M.D., P.A., 916 So. 2d 820 (Fla. 2d DCA 2005)…nting a temporary injunction1 and denied the motion. We agree with the trial court’s characterization and further note that an order denying a motion for rehearing of an interlocutory order is a nonappealable order. See Solman-Staropoli v. Califano, 645 So. 2d 84, 84 (Fla. 4th DCA 1994) (concluding that the denial of a motion for rehearing of an order denying a motion for improper venue is not appealable under rule 9.130(a)); see also Richardson v. Watson, 611 So. 2d 1254, 1255 (Fla. 2d DCA 1992) (stating th…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bastida v. Vitaver, 590 So. 2d 1092 (Fla. 3d DCA 1991)
- Wharton v. DuBOSE, 458 So. 2d 411 (Fla. 4th DCA 1984)
- Dolphin Cruise Line, Inc. v. Rubin, 603 So. 2d 664 (Fla. 4th DCA 1992)