KARL A. KANDELL ASSOCIATES, INC., AND KARL A. KANDELL, INDIVIDUALLY, APPELLANTS,
v.
AUGUST URBANEK, VAL ZIMMERMANN, AND VAL ZIMMERMANN CORP., A PROFIT SHARING TRUST, APPELLEES

Fla. 4th DCA | 1980-12-31
No. 79-2604
MOORE, BERANEK and GLICKSTEIN, JJ., concur.
391 So. 2d 782 Florida District Court of Appeal, Fourth District (1980) Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant filed a notice of appeal over two months after entry of the written order which he wants us to review. We do not have jurisdiction unless an appropriate motion for rehearing tolled the time for filing a notice of appeal. Appellant relies upon a motion for rehearing filed after the court’s oral ruling but before entry of a written order. We dismiss the appeal. See Tri-State Systems, Inc. v. Seminole County, 302 So. 2d 168 (Fla. 4th DCA 1974).

APPEAL DISMISSED.

MOORE, BERANEK and GLICKSTEIN, JJ., concur.

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  • In re Est. Of Mark Daniel Zimbrick v. Zimbrick, 453 So. 2d 1155 (Fla. 4th DCA 1984)
    …ss the appeal, we must determine the legal effect of a “premature” motion for rehearing — that is, a motion for rehearing filed before the trial court reduced its oral pronouncement to writing. Two cases, Karl A. Kandell Associates, Inc. v. Urbanek, 391 So. 2d 782 (Fla. 4th DCA 1980) and Tri-State Systems, Inc. v. Seminole County, 302 So. 2d 168 (Fla. 4th DCA 1974), suggest that a premature motion is a nullity which does not suspend rendition of a final order. Today we revisit and recede from these cases.1 T…
  • Fla. Coast Bank OF Pompano Beach v. Kimmitt, 446 So. 2d 134 (Fla. 4th DCA 1983)
    …a motion for new trial or rehearing which is filed before the rendition of a verdict in a jury action or the entry of judgment in a non-jury action. See Rule 1.530(b), Fla.R.Civ.P.) Two of our decisions: Karl A. Kandell Associates [*136] v. Urbanek, 391 So. 2d 782 (Fla. 4th DCA 1980), and Tri-State Systems, Inc. v. Seminole County, 302 So. 2d 168 (Fla. 4th DCA 1974), suggest that such a premature motion is a nullity which does not suspend rendition of the final judgment. In my view, both decisions are incorre…

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