NATIONWIDE INSURANCE COMPANY AS SUBROGEE OF JOHN OHAGAN, APPELLANT,
v.
ROBERT WENDALL FORREST, JR., APPELLEE
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The court held that the appeal must be dismissed as untimely because the notice of appeal was filed more than thirty days after the order setting aside the default and default final judgment.
Appellant appealed a non-final order setting aside a default and default final judgment. The trial court denied appellant's motion for rehearing. Appe…
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PER CURIAM.
This is an appeal from a non-final order setting aside a default and default final judg ment. We dismiss the appeal after considering the response to this court’s sua sponte order directing appellant to show cause why the appeal should not be dismissed as untimely.
The April 3, 1996 order setting aside default and default final judgment is a non-final order appealable under Florida Rule of Appellate Procedure 9.130(a)(4) or (5). Howard v. McAuley, 436 So. 2d 392 (Fla. 2d DCA 1983); see Praet v. Martinez, 367 So. 2d 657, 658 (Fla. 3d DCA 1979). The trial court denied appellant’s motion for rehearing on April 22. Appellant filed a notice of appeal on May 23.
This appeal must be dismissed as untimely since the notice of appeal was not filed within thirty days of the order setting aside default and default final judgment. See Fla.R.App.P. 9.130(b). Appellant’s motion for rehearing did not toll the time for filing an appeal. Richardson v. Watson, 611 So. 2d 1254, 1255 (Fla. 2d DCA 1992); Fla.R.App.P. 9.020(g). The order denying the motion for rehearing is not an appealable order. Richardson, 611 So. 2d at 1255; Bastida v. Vitaver, 590 So. 2d 1092, 1092-93 (Fla. 3d DCA 1991);
APPEAL DISMISSED.
GLICKSTEIN, STEVENSON and GROSS, JJ., concur.
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Deal v. Deal, 783 So. 2d 319 (Fla. 5th DCA 2001)…. 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); Longo; Smith v. Weede, 433 So. 2d 992 (Fla. 5th DCA 1983).1 Hubert v. Division of Admin., State Dep’t of Transp., 425 So. 2d 671 (Fla. 2d DCA 1983); Potucek. Here, the notice of appeal was not filed within thirty days of the ord…
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Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Praet v. Martinez, 367 So. 2d 657 (Fla. 3d DCA 1979)
- Richardson v. Watson, 611 So. 2d 1254 (Fla. 2d DCA 1992)
- Bastida v. Vitaver, 590 So. 2d 1092 (Fla. 3d DCA 1991)
- Phrances Howard v. McAULEY, 436 So. 2d 392 (Fla. 2d DCA 1983)