Date: 06-17-2022

Case Style:

KEVIN ELWER and CINDY ELWER v. SUZANNE M. STERNBERG

Case Number: 1D21-1551

Judge:

PER CURIAM

Bruce R. Anderson

Court:

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

On appeal from The Circuit Court for Duval County.

Plaintiff's Attorney:

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Defendant's Attorney: Felecia Leann Walker of Edwards & Edwards PA

Description:

Tallahassee, Florida - Real Estate lawyer represented Appellants with motion for rehearing on a Quiet Title.

Appellants’ motion for rehearing did not toll the rendition of
the Final Judgment as to Count II of Plaintiff’s Second Amended
Complaint (Quiet Title), which is a nonfinal order appealable
pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii).
See Fla. R. App. P. 9.130(a)(5) (“Motions for rehearing directed to
these orders are not authorized under these rules and therefore
will not toll the time for filing a notice of appeal.”); Lovelace v.
Lovelace, 124 So. 3d 447 (Fla. 1st DCA 2013) (“The law in Florida
is well settled that a motion for rehearing or reconsideration does
not toll the time for filing an appeal from a non-final order
reviewable pursuant to the provisions of Florida Rule of Appellate
Procedure 9.130.”).

Outcome: Accordingly, this appeal is dismissed as untimely

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