From Casetext: Smarter Legal Research

Ramos v. State

District Court of Appeal of Florida, Second District
Oct 3, 1984
456 So. 2d 1297 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-46.

October 3, 1984.

Appeal from the Circuit Court, Manatee County, Robert E. Hensley, J.

Philip S. Prosch, Lee and Surfus, Sarasota, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


This appeal is dismissed as untimely. A motion for rehearing on an order issued under Fla.R.Civ.P. 1.540(b) is not an authorized motion for rehearing. See Smith v. Weede, 433 So.2d 992 (Fla. 5th DCA 1983); Potucek v. Smeja, 419 So.2d 1192 (Fla. 2d DCA 1982). Therefore, no appeal is allowable from the denial of the motion for rehearing, and the purported motion for rehearing did not toll the time to file a notice of appeal from the order denying relief under Fla.R.Civ.P. 1.540(b).

HOBSON, A.C.J., and GRIMES and LEHAN, JJ., concur.


Summaries of

Ramos v. State

District Court of Appeal of Florida, Second District
Oct 3, 1984
456 So. 2d 1297 (Fla. Dist. Ct. App. 1984)
Case details for

Ramos v. State

Case Details

Full title:RAYMOND WAYNE RAMOS AND SOUTHLAND INSURANCE COMPANY, APPELLANTS, v. STATE…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 3, 1984

Citations

456 So. 2d 1297 (Fla. Dist. Ct. App. 1984)

Citing Cases

Williams v. Dept., Hlth Rehb. Serv

Hofer v. Gil De Rubio, 409 So.2d 527 (Fla. 5th DCA 1982); Fla.R. App.P. 9.020(g). The notice of appeal was…

Princess Cruises, Inc. v. Edwards

Therefore, an appeal from the denial of the rehearing motion is not authorized and the purported motion for…