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Hofer v. Gil de Rubio

District Court of Appeal of Florida, Fifth District
Feb 10, 1982
409 So. 2d 527 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-10.

February 10, 1982.

James D. Sloan of Massey, Alper Walden, P.A., Altamonte Springs, for petitioner.

No appearance for respondents.


The petition for certiorari is dismissed for lack of jurisdiction, because it was not filed within thirty days of the rendition of the order sought to be reviewed. Fla.R.App.P. 9.100(c). We do not consider the merits of the petition. There is no provision in the Florida Rules of Civil Procedure authorizing a motion for rehearing addressed to an interlocutory or non-final order. Therefore, the filing of such motion for rehearing of the trial court's order striking from the docket a report of the guardian ad litem does not delay "rendition" of the order, because only an authorized motion delays rendition. Florida Rule of Appellate Procedure 9.020(g). The motion for rehearing here had no effect on the time for filing the petition for writ of certiorari. Wagner v. Bieley, Wagner and Associates, Inc., 263 So.2d 1 (Fla. 1972); Gordon v. Barley, 383 So.2d 322 (Fla. 5th DCA 1980); Stockton, Whatley, Davin and Company v. Crapps, 382 So.2d 891 (Fla. 1st DCA 1980).

FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.


Summaries of

Hofer v. Gil de Rubio

District Court of Appeal of Florida, Fifth District
Feb 10, 1982
409 So. 2d 527 (Fla. Dist. Ct. App. 1982)
Case details for

Hofer v. Gil de Rubio

Case Details

Full title:JANET HOFER, GUARDIAN AD LITEM, PETITIONER, v. MARITZ GIL DE RUBIO AND…

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 10, 1982

Citations

409 So. 2d 527 (Fla. Dist. Ct. App. 1982)

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