STATE OF FLORIDA, APPELLANT,

v.

JAIME RODRIGUEZ, APPELLEE

Citator

Cited By

• Cardiosonx Labs., Inc. v. Aguadilla Med. Servs., Inc., 100 So. 3d 285 (Fla. 3d DCA 2012)
  …a proper motion for rehearing); Nardi v. Cont’l Nat’l Bank, 559 So. 2d 307 (Fla. 3d DCA 1990) (treating appellants' “motion to set aside final summary judgment” as a timely motion for rehearing). See also Fla. R. App. P. 9.020(h)(1); Olson v. Olson, 704 So. 2d 208 (Fla. 5th DCA 1998).…
• Baker v. Simpson, 773 So. 2d 637 (Fla. 5th DCA 2000)
  …acilitate the removal. [*639] When the court denied Baker’s motion, the court violated Baker’s due process rights to present evidence supporting his motion. See Brown v. Mirror Inv. Corp., 471 So. 2d 589 (Fla. 4th DCA 1985). See also Olson v. Olson, 704 So. 2d 208 (Fla. 5th DCA 1998). The trial court abused its discretion in denying Baker’s motion for rehearing. We remand this case to the trial court for an evidentiary hearing on the issues raised by Baker in his motion for rehearing. REVERSED and REMANDED.…
• Celeste Rossi v. Rossi, 169 So. 3d 1233 (Fla. 5th DCA 2015)
  …ision Corp., 781 So. 2d 379, 380 (Fla. 3d DCA 1998). Where it is apparent that an improperly-labeled motion is “intended to operate” as an authorized motion, an appellate court must consider the motion as if it were properly labeled. Olson v. Olson, 704 So. 2d 208, 210 (Fla. 5th DCA 1998); see also Cardiosonx Labs., Inc. v. Aguadilla Med. Servs., Inc., 100 So. 3d 285, 287 n. 1 (Fla. 3d DCA 2012); Magnum Towing, Inc., 781 So. 2d at 380. Where a party files a motion that would be unauthorized based on the motio…

Authorities Cited

• State v. Lintalliferro Chandler, 668 So. 2d 1087 (Fla. 1st DCA 1996)