BARRY JOHNSON, APPELLANT,
v.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT, APPELLEE
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of June 25, 2004, the Court has determined that the second motion for rehearing was not authorized, and therefore did not delay rendition of the underlying Order Dismissing Cause Sua Sponte. Specifically, although the April 6, 2004, order denying rehearing provided an alternative basis for the disposition, it reaffirmed the original determination. Thus, the order did not change the entire basis for the previous ruling. C.f. Dade Federal Savings & Loan Ass’n v. Smith, 403 So. 2d 995, 999 (Fla. 1st DCA 1981)(determining that second motion for rehearing was authorized in the limited circumstances where the ruling on a first motion for rehearing changes the entire basis of the previous ruling). Accordingly, the instant appeal is hereby dismissed as untimely.
BOOTH, WEBSTER, and DAVIS, JJ., concur.
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James and Donna Leland v. Vance Rockwell/dba Rockwell Constr., 920 So. 2d 167 (Fla. 1st DCA 2006)…for Santa Rosa County, Florida, entered on June 16, 2005, which affirmed Final Judgment entered January 27, 2004. See Fla. R. pp. P. 9.030(b)(2)(B). The petition is DISMISSED. See Fla. R.App. P. 9.330(b); Johnson v. Florida Dept. of Law Enforcement, 881 So. 2d 64 (Fla. 1st DCA 2004); DeBiasi v. Snaith, 732 So. 2d 14, 17 (Fla. 4th DCA 1999). Compare Dade Federal Sav. & Loan Ass’n v. Smith, 403 So. 2d 995 (Fla. 1st DCA 1981) (treating order on first motion for rehearing that changed the entire basis for the ru…
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