NORBERTO PIETRI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
NORBERTO PIETRI, APPELLANT,
STATE OF FLORIDA, APPELLEE
669 So. 2d 1126
Florida District Court of Appeal, Fourth District (1996)
Positive Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Rutherford v. State, 545 So. 2d 853 (Fla.1989).
GUNTHER, C.J., and WARNER and FARMER, JJ., concur.
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Hernandez v. Home Depot U.S.A., Inc., 695 So. 2d 484 (Fla. 3d DCA 1997)…granted it. It is apparent that this order, now on review in case no. 96-2907, must be vacated as entered untimely and without jurisdiction. Volumes in Value, Inc. v. Buy Mail Int'l Inc., 177 So. 2d 511 (Fla. 3d DCA 1965); see Catsicas v. Catsicas, 669 So. 2d 1126 (Fla. 4th DCA 1996); Hyster Co. v. Morales, 591 So. 2d 1082 (Fla. 3d DCA 1991); DePadro v. Moore, 215 So. 2d 27 (Fla. 4th DCA 1968), cert. denied, 222 So. 2d 748 (Fla.1969); Lee v. Elliott, 155 So. 2d 169 (Fla. 3d DCA 1963). Notwithstanding, upon c…
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Olson v. Olson, 704 So. 2d 208 (Fla. 5th DCA 1998)…imony, and enter a new judgment). Moreover, the husband’s motion was properly filed within ten days of the rendition of the final judgment as required by rule 1.530. See Kirby v. Speight, 217 So. 2d 871 (Fla. 1st DCA 1969). Cf. Catsicas v. Catsicas, 669 So. 2d 1126, 1127 (Fla. 4th DCA 1996). Accordingly, since the husband’s “Motion to Set Aside Final Judgment” was a motion for rehearing and the motion was timely filed, rendition of the final judgment was suspended and the time for filing a notice of appeal was…
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Fuller v. Fuller, 706 So. 2d 57 (Fla. 4th DCA 1998)…aring. See Trawick, Fla. Prac. and Proc. § 26-1 (ed.1996). A trial court may not extend the time for making a motion for rehearing. Where a motion for rehearing was untimely, the trial court is without jurisdiction to grant it. Catsicas v. Catsicas, 669 So. 2d 1126, 1127 (Fla. 4th DCA 1996). Appellee concedes that if her motion for clarification was treated as a motion for rehearing, it would have been untimely filed. However, she contends that her motion, although entitled Motion for Clarification, is in rea…
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- Rutherford v. State, 545 So. 2d 853 (Fla. 1989)