RONALD F. REID, APPELLANT,
v.
JOY CAROL COOPER, APPELLEE
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Reid appeals a final judgment of injunction for protection against domestic violence entered against him by the trial court. The appellate court dismisses the appeal as untimely because Reid failed to file his motion for rehearing within the required ten-day period, and his subsequent notice of appeal was filed beyond the thirty-day deadline.
The court lacks jurisdiction to hear the appeal because it was untimely filed. Reid's motion for rehearing, filed almost two months after the judgment, was untimely under Florida Rule of Civil Procedure 1.530(g), which requires such motions be filed within ten days. Because the motion for rehearing was untimely, it did not toll the thirty-day deadline to file the notice of appeal under Florida Rule of Appellate Procedure 9.110(b), and the notice of appeal filed 107 days after the judgment was therefore untimely.
[1] A motion for rehearing must be filed within ten days after entry of the judgment to be considered timely.
[2] An untimely motion for rehearing is a nullity and does not toll the time period for filing a notice of appeal.
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Join FLexlaw to unlock all legal intelligence“The trial court entered the final judgment on December 21, 2005. It was stamped into the clerk's office on the same day. Reid's motion for rehearing was not filed until almost two months after entry of the final judgment.”
Establishes the critical timeline showing Reid's motion for rehearing was untimely
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Join FLexlaw to unlock all legal intelligenceReid and Joy Carol Cooper dated for several years. Cooper petitioned for a domestic restraining order on December 14, 2005. The trial court entered a …
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SUAREZ, J.
Ronald F. Reid (“Reid”) appeals the final judgment of injunction for protection against domestic violence without minor children entered against him. We dismiss the appeal as untimely.
Reid and Joy Carol Cooper (“Cooper”) dated for several years. Cooper petitioned for a domestic restraining order on December 14, 2005. The trial court entered a temporary restraining order, without notice, that day and set a hearing for December 21, 2005. On December 21, 2005, the trial court held an evidentiary hearing resulting in the final judgment of injunction for protection against domestic violence being entered against Reid. The final judgment was signed by the trial judge on December 21, 2005, and recorded in the clerk’s office the same day. Reid filed a motion for rehearing on February 22, 2006, which was denied by the trial court on March 9, 2006. Reid filed this notice of appeal on April 7, 2006.
This court has no jurisdiction to hear this appeal as it was untimely filed. The trial court entered the final judgment on December 21, 2005. It was stamped into the clerk’s office on the same day. Reid’s motion for rehearing was not filed until almost two months after entry of the final judgment. Therefore, the motion for rehearing was untimely and a nullity. Fla. R. Civ. P. 1.530(g) (motion for rehearing must be filed within ten days after entry of the judgment). As Reid’s motion for rehearing was untimely, it failed to toll the required thirty day time period after rendition of the judgment in which to file the notice of appeal. Fla. R.App. P. 9.110(b) (notice of appeal must be filed within thirty days of rendition of the order). The notice of appeal was untimely as it was not tolled and was not filed within thirty days of rendition of the judgment. Therefore, this court lacks jurisdiction to hear the appeal.
Appeal dismissed.