DRAK, L.L.C., PETITIONER,
v.
SALCINES DEVELOPMENT, INC., ET AL., RESPONDENTS

Fla. 3d DCA | 2009-02-11
No. 3D08-3027
Before WELLS and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.
5 So. 3d 713 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 7 cases
Topics
Florida Rule Of Civil Procedure 1.540(B)

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant the petition for writ of prohibition and remand with instructions that the trial court vacate the November 3, 2008 order granting Porry and Alegre’s motion for rehearing and reconsideration. The trial court lacked jurisdiction to entertain a motion for rehearing of its October 16, 2008 order denying Porry and Alegre’s motion to set aside default final judgment. See Fla. R. Civ. P. 1.540(b); Catalano v. Catalano, 516 So.2d 77, 77 (Fla. 5th DCA 1987) (stating that motions for rehearing of orders issued under Florida Rule of Civil Procedure 1.540(b) are not authorized); Francisco v. Victoria Marine Shipping, 486 So.2d 1386 (Fla. 3d DCA 1986) (stating that an order entered under Rule 1.540 does not “rise to the level of a judgment” and, therefore, a trial court lacks authority to entertain a motion for rehearing from such order).

Petition granted.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ivory Miles, Jr. v. State, 89 So. 3d 967 (Fla. 1st DCA 2012)
    …ion for rehearing as untimely. Because the motion for rehearing was untimely, it did not toll the rendition of the final order for purposes of seeking this appeal. Fla. RApp. P. 9.020(h). This appeal is thus untimely and is DISMISSED. Gary v. State, 5 So. 3d 713 (Fla. 1st DCA 2009). PADOVANO, ROWE, and MARSTILLER, JJ., concur.…
  • Allen v. State, 14 So. 3d 1282 (Fla. 1st DCA 2009)
    …PER CURIAM. DENIED. Gary v. State, 5 So. 3d 713 (Fla. 1st DCA 2009). DAVIS, BROWNING, and THOMAS, JJ., concur.…
  • Martinez v. Aurora Loan Servs., LLC, 66 So. 3d 1090 (Fla. 3d DCA 2011)
    …to entertain a motion for rehearing of an order denying a motion to set aside default judgment because motions for rehearing of orders issued under Florida Rule of Civil Procedure 1.540(b) are not authorized. See Drak, L.L.C. v. Salcines Dev., Inc., 5 So. 3d 713 (Fla. 3d DCA 2009); Francisco v. Victoria Marine Shipping, Inc., 486 So. 2d 1386, 1391 (Fla. 3d DCA 1986) (stating that an order entered under rule 1.540 does not rise to the level of a judgment and therefore, a trial court lacks authority to entert…

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