From Casetext: Smarter Legal Research

Vliegenthart v. Grover

District Court of Appeal of Florida, Fifth District
Mar 7, 1991
575 So. 2d 781 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-2269.

March 7, 1991.

Howart Scheiner, of Bobo, Spicer, Ciotoli Fulford, P.A., West Palm Beach, for petitioners.

No appearance for respondents.


ON RULE TO SHOW CAUSE


Petitioner seeks review by certiorari of an order of clarification entered pursuant to Petitioner's motion for rehearing directed to an earlier order compelling discovery. The petition was filed more than thirty (30) days after rendition of the order compelling discovery. See Fla.R.App.P. 9.100(c). A motion for rehearing directed to such an interlocutory discovery order is not authorized and does not toll the time for seeking review. See, e.g., District School Board of St. Johns County v. Timoney, 524 So.2d 1129 (Fla. 5th DCA 1988) (motion for rehearing not authorized as to interlocutory order so time to file petition is not tolled); Longo v. Longo, 515 So.2d 1013 (Fla. 1st DCA 1987) (motions for rehearing directed to interlocutory orders are not authorized and do not toll time for filing appeal). Since the petition was not timely filed, the court is without jurisdiction.

PETITION DISMISSED.

W. SHARP and HARRIS, JJ., concur.


Summaries of

Vliegenthart v. Grover

District Court of Appeal of Florida, Fifth District
Mar 7, 1991
575 So. 2d 781 (Fla. Dist. Ct. App. 1991)
Case details for

Vliegenthart v. Grover

Case Details

Full title:DONALD H. VLIEGENTHART, M.D., ETC. ET AL., PETITIONERS, v. JOYCE M…

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 7, 1991

Citations

575 So. 2d 781 (Fla. Dist. Ct. App. 1991)

Citing Cases

Coldwell Banker Comm. v. Wightman

Because a motion for rehearing for an interlocutory order granting discovery is unauthorized, it does not…

CMI, INC. OF KENTUCKY v. ALMARAZ

Denied. See Vliegenthart v. Grover, 575 So. 2d 781 (Fla. 5th DCA 1991); City of Fort Lauderdale v. Bamman,…