STEVE RYLAND AND TRACY RYLAND
v.
BEACHSIDE PHYSICAL THERAPY, INC., OPTIMISCORP, CHRISTIAN C. ROMANDETTI, AND FIRST CHOICE MEDICAL GROUP OF BREVARD, LLC

Fla. 5th DCA | 2020-09-18
No. 19-2895
Dugan, J., Evander, C.J., Eisnaugle, J., Traver, J.
302 So. 3d 509 Florida District Court of Appeal, Fifth District (2020)
Cited by 1 case

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Holding

A district court of appeal lacks jurisdiction to review an order denying a motion for rehearing of an interlocutory order because such orders are not appealable under Florida Rule of Appellate Procedure 9.130(a).


Headnotes

[1] An order denying a motion for rehearing of an interlocutory order is not subject to appellate review because it is not among the non-final orders enumerated in Florida Ru…

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Key Quotes

“This court does not have jurisdiction to review an order on a motion for rehearing of an interlocutory order because this is not one of the non-final orders available for appeal under rule 9.130(a).”

Court's explanation for dismissal based on lack of jurisdiction

Facts & Procedural History

Appellants Steve and Tracy Ryland appealed from a circuit court order in Brevard County and subsequently filed a motion for rehearing, which the trial…

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Opinion of the Court
Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

STEVE RYLAND AND TRACY RYLAND,

Appellants,

v. Case No. 5D19-2895

BEACHSIDE PHYSICAL THERAPY, INC.,

OPTIMISCORP, CHRISTIAN C. ROMANDETTI, AND

FIRST CHOICE MEDICAL GROUP OF BREVARD, LLC,

Appellees.

________________________________/

Opinion filed September 18, 2020

Nonfinal Appeal from the Circuit Court for Brevard County, David Dugan, Judge.

David G. Larkin and Jesse L. Kabaservice, of Fallace & Larkin, L.C., Melbourne, for Appellants.

Michael R. Riemenschneider and Jeffrey L. DeRosier, of Riemenschneider, Wattwood & DeRosier, P.A., Melbourne, for Appellees, Beachside Physical Therapy, Inc., and Optimiscorp. Esther McKean, of Akerman, LLP, Orlando, for Appellee, First Choice Medical Group of Brevard, LLC. No Appearance for other Appellee.

PER CURIAM.

2

We dismiss for lack of jurisdiction the appeal of the trial court’s order denying Appellants’ motion for rehearing. See Solman-Staropoli v. Califano, 645 So. 2d 84, 84 (Fla. 4th DCA 1994) (“This court does not have jurisdiction to review an order on a motion for rehearing of an interlocutory order because this is not one of the non-final orders available for appeal under rule 9.130(a)[.]”); accord Morton & Oxley, Ltd. v. Charles S. Eby, M.D., P.A., 916 So. 2d 820, 821 (Fla. 2d DCA 2005). We otherwise affirm. AFFIRMED in part; DISMISSED in part.

EVANDER, C.J., EISNAUGLE and TRAVER, JJ., concur.


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