White v. Mc Neil

• Decision Date: 25 June 2014
• Docket Number: No. 2D14–2680.,2D14–2680.
• Citation: 162 So.3d 1009 (Table)
• Parties: Paul Eric WHITE, Appellant/Petitioner(s), v. Jessie Jerome Mc NEIL, et al., Appellee/Respondent(s).
• Court: Florida District Court of Appeals

162 So.3d 1009 (Table)

Paul Eric WHITE, Appellant/Petitioner(s)

v.Jessie Jerome Mc NEIL, et al., Appellee/Respondent(s).

No. 2D14–2680.

District Court of Appeal of Florida, Second District.

June 25, 2014.

Opinion

BY ORDER OF THE COURT.

The appellee's motion to dismiss is granted. This appeal is dismissed as untimely filed with respect to the February 5, 2014, “order granting in part and denying in part the co-defendant's motion to quash service of process” and as from a nonappealable order with respect to the May 20, 2014, order on rehearing. The notice of appeal was filed untimely as to the February 5 order. To the extent that the appellant's February 12, 2014, motion for rehearing was filed pursuant to Florida Rule of Civil Procedure 1.530, it did not toll rendition of the February 5 order. See, e.g., Richardson v. Watson, 611 So.2d 1254, 1255 (Fla. 2d DCA 1992). To the extent that the February 12 motion was filed pursuant to rule 1.540(b), there was no basis for relief because the February 5 order to which the motion was directed was a nonfinal order. See, e.g., Kozich v. DeBrino, 837 So.2d 1041, 1044 (Fla. 2d DCA 2002) ; Mortellaro & Sinadinos, PLLC v. Countrywide Home Loans, 14 So.3d 278, 279 (Fla. 1st DCA 2009).

ALTENBERND, NORTHCUTT, and SLEET, JJ., Concur.