Florida East Coast Ry. Co. v. Southern Sanitation Service, Inc.
| Decision Date | 02 May 1979 |
| Docket Number | No. 77-2039,77-2039 |
| Citation | 370 So.2d 1200 |
| Parties | FLORIDA EAST COAST RAILWAY COMPANY, Appellant, v. SOUTHERN SANITATION SERVICE, INC., a Florida Corporation, and City of Delray Beach, a Municipal Corporation, Appellees. |
| Court | Florida District Court of Appeals |
Kenneth L. Ryskamp of Goodwin, Ryskamp, Welcher & Carrier, Miami, for appellant.
Michael J. Cooper of Adams, Sullivan, Coogler, Watson & Smith, West Palm Beach, and Thomas E. Neale of Huebner, Shaw & Bunnell, Fort Lauderdale, for appellees.
This is an appeal from an order granting appellee's motion to dismiss for lack of prosecution. The order did not indicate that it was "with prejudice" and as such it constitutes a nonfinal order, appealable as an interlocutory appeal pursuant to Fla.R.App.P. (1962) 4.2(a). Reilly v. Fuss, 170 So.2d 475 (Fla. 2d DCA 1964); Cf., Southwest Electric Supply v. Banfield, 302 So.2d 810 (Fla. 2d DCA 1974). A motion for rehearing (here a motion for reconsideration) directed to an interlocutory order will not suspend rendition of that order, and thus, has no effect on the time for filing a notice of appeal. Wagner v. Wagner, 263 So.2d 1 (Fla.1972); Southwest Electric Supply, supra.
The order sought to be reviewed herein was rendered on July 28, 1977. The notice of appeal was filed fifty-seven days later. Appellant has therefore failed to invoke this Court's jurisdiction and this appeal is dismissed sua sponte.
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...the running of the time for seeking appellate review of the order complained about. See also Florida East Coast Railway Co. v. Southern Sanitation Service, Inc., 370 So.2d 1200 (Fla. 4th DCA 1979) wherein the court stated that a motion for rehearing directed to an interlocutory order will n......
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Florida East Coast Ry. Co. v. Southern Sanitation Service, s. 79-2132
...the July 28, 1977 trial court order of dismissal. We dismissed that appeal as untimely. 1 Florida East Coast Railway Company v. Southern Sanitation Service, Inc., 370 So.2d 1200 (Fla. 4th DCA 1979). Thereafter the trial court entered a final judgment of dismissal without prejudice on Septem......