GREEN TREE VENDOR SERVICES CORPORATION, APPELLANT/PETITIONER,
v.
ANTHONY J. LISI, APPELLEE/RESPONDENT

Fla. 1st DCA | 1999-04-20
No. 98-2211
ERVIN, KAHN and LAWRENCE, JJ., CONCUR.
732 So. 2d 422 Florida District Court of Appeal, First District (1999) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Consistent with the arguments presented in the briefs and at oral argument, we treat this appeal from an order awarding attorney’s fees, following a voluntary dismissal of the case without prejudice, as a petition for writ of certiorari to review a non-final order. See Rose Printing Co., Inc. v. Wilson, 602 So. 2d 600, 601 (Fla. 1st DCA 1992); Sopena v. Rowland Coffee Roasters, Inc., 716 So. 2d 799, 800 (Fla. 3d DCA 1998). We nevertheless dismiss the petition for lack of jurisdiction, because the motion for rehearing directed to the order under review did not toll the time for filing the petition, and the petition was not filed within the requisite 30-day period. See Shelnutt v. Citrus County, 660 So. 2d 393, 394 (Fla. 5th DCA 1995).

Petition DISMISSED.

ERVIN, KAHN and LAWRENCE, JJ., CONCUR.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Caufield v. Gino Cantele, 837 So. 2d 371 (Fla. 2002)
    …QUINCE, J. We have for review the Fifth District Court of Appeal’s opinion in Caufield v. Cantele, 745 So. 2d 431 (Fla. 5th DCA [*373] 1999), which certified conflict with Green Tree Vendor Services Corp. v. Lisi, 732 So. 2d 422 (Fla. 1st DCA 1999); Oakwood Plaza, L.P. v. D.O.C. Optics Corp., 708 So. 2d 959 (Fla. 4th DCA), review denied, 725 So. 2d 1107 (Fla.1998); O.A.G. Corp. v. Britamco Underwriters Inc., 707 So. 2d 785 (Fla. 3d DCA 1998); Kelly v. Tworoger, 705 So. 2d 6…
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  • Miller v. State, 764 So. 2d 640 (Fla. 1st DCA 2000)
    …ppellant’s conviction. Although we affirm Appellant’s sentences too, we remand with instructions that the trial court correct the written judgment of sentences on the five counts that inaccurately state the degree of the felony. See Hudson v. State, 732 So. 2d 422 (Fla. 1st DCA 1999). Over the period from Appellant’s. October 1995 arrest to his sentencing in late July 1997, he was represented by at least six attorneys. About 18 months after his arrest, 7 months into his representation by court-appointed coun…
  • Caufield v. Gino Cantele and Armando Cantele, 745 So. 2d 431 (Fla. 5th DCA 1999)
    …plenary appeal pursuant to rule 9.030(b)(1)(A)? The method selected can make a difference in the result. For example, the time in which to seek review under the rules can vary for certiorari and appeals. See Green Tree Vendor Services Corp. v. Lisi, 732 So. 2d 422 (Fla. 1st DCA 1999); Shelnutt v. Citrus County, 660 So. 2d 393 (Fla. 5th DCA 1995). In some district courts of appeal, such as the Fifth, oral argument is not granted if timely requested for certiorari proceedings, although it is for plenary appeals…
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