Snyder v. Gulf Am. Corp., 69--96
| Decision Date | 11 June 1969 |
| Docket Number | No. 69--96,69--96 |
| Citation | 224 So.2d 405 |
| Parties | Mildred S. SNYDER, Appellant, v. GULF AMERICAN CORPORATION, a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
Appellant, plaintiff in the trial court, filed a complaint against appellee, defendant in the trial court, seeking an injunction and damages. The trial judge, on motion to dismiss, granted the motion to dismiss the second amended complaint with prejudice. Appellant then filed a motion for rehearing within ten days of this order. The order denying the motion for rehearing was entered several months later. Within thirty days from date the motion for rehearing was denied this notice of appeal was filed by appellant and a motion to dismiss the appeal was filed by appellee.
Appellee maintains that a motion for rehearing is not proper when directed to a dismissal with prejudice; that the motion to dismiss was a nullity; that as such could not toll the time for filing notice of appeal; and that the appeal is therefore untimely.
The motion for rehearing was filed under F.R.C.P. 1.530, 31 F.S.A. entitled 'Motions for New Trials and Rehearing; Amendments to Judgments' which provides in part:
'(a) Jury and Non-Jury Actions * * * On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony and enter a new judgment.
(b) Time for Motion. A motion for a new trial of for rehearing shall be served not later than ten days after the rendition of verdict in a jury action or the entry of judgment in a non-jury action * * *.'
We are called upon to decide whether a motion for rehearing of an order dismissing a complaint with prejudice tolls the time for filing a notice of appeal.
Appeal from a judgment is proper only when it is final and the trial court's judicial labors are at an end. Therefore, when the trial court has pending a timely and proper motion for rehearing it has the power to alter said judgment and appeal is not authorized during this period. See F.A.R. 1.3 and F.A.R. 3.2, subd. b, 32 F.S.A.
We hold that a motion to rehear an order dismissing a complaint with prejudice is proper under F.R.C.P. 1.530 because it is directed to an otherwise appealable...
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...with prejudice. See R.C.P. 1.530, 31 F.S.A.; Laytner v. Humble Oil & Refining Co., Fla.App.1971, 251 So.2d 156; Snyder v. Gulf American Corp., Fla.App.1969, 224 So.2d 405; and Elmore v. Palmer First National Bank & Trust Co. of Sarasota, Fla.App.1969, 221 So.2d Having made this assumption w......
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Laytner v. Humble Oil & Refining Co.
...Second District (Elmore v. Palmer First Nat. B. & T. Co. of Sarasota, 221 So.2d 164 (Fla.App.2d 1969) and Snyder v. Gulf American Corporation, 224 So.2d 405 (Fla.App.2d, 1969)) on the same point of law. Fla.Const., art. V, § 4, The facts of this case can be briefly stated. On February 17, 1......
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Palledeno v. Oesterle, 77--353
...prejudice, which is a proper motion under Fla.R.Civ.P. 1.530 directed to an otherwise final appealable judgment. Snyder v. Gulf American Corp., 224 So.2d 405 (Fla.2d DCA 1969). This motion, if properly and timely served on the adverse party, stayed the rendition of the order dismissing the ......
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Derma Lift Salon, Inc. v. Swanko, 82-1767
...trial court only upon a timely filed motion for rehearing under Florida Rule of Civil Procedure 1.530, see Snyder v. Gulf American Corporation, 224 So.2d 405 (Fla. 2d DCA 1969), or on its own initiative within the time allowed for a rehearing motion. When the plaintiff's motion for rehearin......