MCB OIL COMPANY, APPELLANT,
v.
CITY OF GAINESVILLE, APPELLEE
MCB OIL COMPANY, APPELLANT,
CITY OF GAINESVILLE, APPELLEE
932 So. 2d 504
Florida District Court of Appeal, First District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant filed the instant appeal on February 17, 2006, seeking review of an order entered on December 15, 2005. Because the appellant’s post-judgment motion was not timely served within 10 days of the date of filing of the order, see Fla. R. Civ. P. 1.530(b), the motion did not delay rendition. See Fla. R.App. P. 9.020(h). Contrary to the appellant’s as sertion, the time for service of the motion was not extended by order of the trial court. See Fla. R. Civ. P. 1.090(b); Jones v. Jones, 845 So. 2d 1012 (Fla. 5th DCA 2003). Consequently, the appellant’s notice of appeal did not timely invoke this Court’s jurisdiction. See Fla. R.App. P. 9.110(b).
DISMISSED.
KAHN, C.J., ERVIN, and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Payne v. Jones, 183 So. 3d 1130 (Fla. 1st DCA 2015)…determined that the appeal is untimely. Although the lower tribunal granted appellant’s motion for an extension of time within which to seek rehearing, it was without authority to do so. Fla. R. Civ. P. 1.090(b); MCB Oil Co. v. City of Gainesville, 932 So. 2d 504 (Fla. 1st DCA 2006). Consequently, appellant’s [*1131] untimely motion for rehearing failed to delay rendition of the underlying August s, 2015, Order Denying Petition for Writ of Habeas Corpus pursuant to Florida Rule of Appellate Procedure 9.020(i…
Authorities Cited
- Jones v. Jones, 845 So. 2d 1012 (Fla. 5th DCA 2003)