THOMAS G. GRICE AND LILIA GRICE, PERSONAL REPRESENTATIVE OF THE ESTATE OF DEBBIE DIANE GRICE, APPELLANTS,
v.
BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, APPELLEE
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ON MOTION TO DISMISS APPELLANTS’ NOTICE OF INTERLOCUTORY APPEAL AS BEING UNTIMELY FILED
PER CURIAM.
Having considered Appellee’s Motion to Dismiss Appellants’ Notice of Interlocutory Appeal as Being Untimely Filed and the responses thereto, the Court orders that the motion is denied. The Court finds that the July 1, 1980, order granting Appellee’s motion to dismiss and dismissing Appellants’ complaint for improper venue was a final order. See Schwertfeger v. Constant, 109 So. 2d 173 (Fla. 2nd DCA 1959). Therefore, Appellants’ motion for rehearing and motion for relief from judgment tolled the time within which an appeal could be taken. Thus, Appellants’ notice was timely since it was filed within the appropriate time following the July 30, 1980, order disposing of Appellants’ motion for rehearing and motion for relief from judgment. Appellants’ Notice of Interlocutory Appeal shall be treated as a Notice of Appeal. WENTWORTH and JOANOS, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Colin v. State, 423 So. 2d 1020 (Fla. 4th DCA 1982)…timely, was not authorized and therefore did not operate to toll the thirty day period for filing a notice of appeal. Fla.R.App.P. 9.020(g) and Fla.R. Civ.P. 1.530. For a conflicting view see Grice v. Board of County Commissioners of Madison County, 400 So. 2d 801 (Fla. 1st DCA 1981). Plaintiff expresses concern that the dismissal is, in effect, with prejudice because the statute of limitations expired after the original complaint was filed. However, plaintiff’s subsequent complaint filed in Leon County (th…
Authorities Cited
- Schwertfeger v. Constant, 109 So. 2d 173 (Fla. 2d DCA 1959)