Summary
dismissing an appeal for lack of jurisdiction "[b]ecause a motion for rehearing of an order denying a motion for relief from judgment is not authorized, [so] the motion for rehearing did not toll the time for filing a notice of appeal"
Summary of this case from Advanced Biomedical, Inc. v. 1551 Props.Opinion
No. 1D00-2401.
Opinion filed November 28, 2000.
An appeal from the Circuit Court for Leon County, L. Ralph Smith, Jr., Judge.
Appellant, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
Because a motion for rehearing of an order denying a motion for relief from judgment is not authorized, the motion for rehearing did not toll the time for filing a notice of appeal. See Intercoastal Marina Towers, Inc. v. Suburban Bank, 506 So.2d 1177 (Fla. 4th DCA 1987); Talley v. Canal Indem. Co., 558 So.2d 1088 (Fla. 4th DCA 1990) (Anstead, J., concurring). Accordingly, we dismiss this appeal for lack of jurisdiction.
ERVIN, LAWRENCE, and PADOVANO, JJ., CONCUR.