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Princess Cruises, Inc. v. Edwards

District Court of Appeal of Florida, Second District
Jan 6, 1993
611 So. 2d 598 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-02868.

January 6, 1993.

Petition for review from the Circuit Court, Hillsborough County, Robert H. Bonanno, J.

David J. Horr of Rodriguez, Horr, Aronson Blanck, P.A., Miami, for petitioner.

Joel S. Perwin of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin Perwin, P.A., Miami, for respondents.


This petition for writ of certiorari seeking review of an order compelling discovery is dismissed for lack of jurisdiction, because it was not filed within thirty days of rendition of the order sought to be reviewed. Florida Rule of Appellate Procedure 9.100(c). The petition herein was filed after the court denied the petitioner's motion for rehearing addressed to the order on review. There is no provision in the Florida Rules of Civil Procedure authorizing a motion for rehearing addressed to an interlocutory or nonfinal order. The petitioner's filing of a motion for rehearing, even though the trial court entertained it, did not toll the time for filing the petition. See Potucek v. Smeja, 419 So.2d 1192 (Fla. 2d DCA 1982). Therefore, an appeal from the denial of the rehearing motion is not authorized and the purported motion for rehearing did not toll the time to seek certiorari review. See Bensonhurst Drywall, Inc. v. Ledesma, 583 So.2d 1094 (Fla. 4th DCA 1991); Ramos v. State, 456 So.2d 1297 (Fla. 2d DCA 1984).

Petition for writ of certiorari dismissed.

SCHOONOVER, A.C.J., and HALL and BLUE, JJ., concur.


Summaries of

Princess Cruises, Inc. v. Edwards

District Court of Appeal of Florida, Second District
Jan 6, 1993
611 So. 2d 598 (Fla. Dist. Ct. App. 1993)
Case details for

Princess Cruises, Inc. v. Edwards

Case Details

Full title:PRINCESS CRUISES, INC., A FOREIGN CORPORATION, PETITIONER, v. DONNA J…

Court:District Court of Appeal of Florida, Second District

Date published: Jan 6, 1993

Citations

611 So. 2d 598 (Fla. Dist. Ct. App. 1993)

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