McGee v. McGee
| Decision Date | 30 April 1986 |
| Docket Number | No. 4-86-0415,4-86-0415 |
| Citation | 11 Fla. L. Weekly 1005,487 So.2d 412 |
| Parties | 11 Fla. L. Weekly 1005 Audrey Dale McGEE, Petitioner, v. Walter T. McGEE, Respondent. |
| Court | Florida District Court of Appeals |
Lewis Kapner, of Montgomery, Searcy & Denney, P.A., West Palm Beach, for petitioner.
Paul B. Kanarek, Vero Beach, for respondent.
This petition for writ of certiorari must be dismissed because it has not been filed in a timely fashion. In Florida, petitions for common law writ of certiorari must be filed within 30 days of the rendition of the order to be reviewed. Fla.R.App.P. 9.100(c). When an authorized and timely motion for rehearing has been filed, the order shall not be deemed rendered until disposition thereof. Fla.R.App.P. 9.020(g). However, a motion for rehearing is not authorized to be taken from an interlocutory or non-final order, and therefore does not delay the time of filing a writ of certiorari. Owens v. Jackson, 476 So.2d 264 (Fla. 1st DCA 1985); Williams v. Department of Health and Rehabilitative Services, 468 So.2d 504 (Fla. 5th DCA 1985); Hofer v. Gil De Rubio, 409 So.2d 527 (Fla. 5th DCA 1982).
In the present case, the writ of certiorari was untimely because the petition for rehearing was not authorized. Therefore, the date of rendition was September 21, 1985, the date that the court denied the wife's motion to disqualify. We do not have jurisdiction because February 17, 1986, the date that the wife filed the petition for certiorari, is not within 30 days of the date of the rendition of the order.
DISMISSED.
To continue reading
Request your trial
-
District School Bd. of St. Johns County v. Timoney
...time for filing the petition for writ of certiorari and therefore the petition is not premature. See Williams, supra; McGee v. McGee, 487 So.2d 412 (Fla. 4th DCA 1986). Although Florida Rule of Appellate Procedure 9.130(a)(3)(C)(v) states that a nonfinal order determining a party's right to......
-
Bayview Constr. Corp. v. Jomar Props., LLC.
...from a nonfinal order, such a motion does not defer rendition and delay the time for seeking certiorari relief. McGee v. McGee, 487 So.2d 412, 413 (Fla. 4th DCA 1986). ...
-
Serifsoy v. The City of Lake Worth
...requires that petitions for writs of certiorari be filed within thirty days. This time limit is jurisdictional. See McGee v. McGee, 487 So.2d 412 (Fla. 4th DCA 1986). The question in this case is whether the petition was filed in the circuit court on the thirtieth or thirty-first The City m......
-
Johnson v. Citizens State Bank
...be filed within 30 days of the date of rendition of the order sought to be reviewed. This time limit is jurisdictional, McGee v. McGee, 487 So.2d 412 (Fla. 4th DCA 1986). Accordingly, we directed the parties to address the question whether appellant had timely invoked the jurisdiction of th......