RAFAEL SALAM, APPELLANT,
v.
JOSE BENMELECH, APPELLEE

Fla. 3d DCA | 1993-08-10
No. 92-2752
Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.
622 So. 2d 592 Florida District Court of Appeal, Third District (1993) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, who was the plaintiff below, seeks review, by a notice of appeal filed on December 17, 1992, of a final judgment entered October 27, 1992 and an order of December 1, 1992 denying a motion for “modification” of the final judgment which was served on November 12, 1992. We have no jurisdiction to review the final judgment because the time of its rendition was not postponed under Fla.R.App.P. 9.020(g) by the untimely service of the modification motion — which was in fact a motion to alter or amend the judgment — beyond the ten day period provided by Fla.R.Civ.P. 1.530(g). Dominguez v. Barakat, 609 So. 2d 664 (Fla. 3d DCA 1992). While the notice of appeal was filed within thirty days of the order denying the untimely post-judgment motion, that order is not reviewable. Fla.R.App.P. 9.130(a)(4).

Appeal dismissed.


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  • Sec. Bank, N.A. v. Bellsouth Advertising & Publ'g Corp., 679 So. 2d 795 (Fla. 3d DCA 1996)
    …will be treated as a timely motion for rehearing under Rule 1.530. Meyerson v. Texsol, Inc., 385 So. 2d 5, 6 (Fla. 3d DCA 1980); see Griffin v. Tauber-Manon Associates, Inc., 452 So. 2d 577, 578 n. 2 (Fla. 3d DCA 1984); see also Salam v. Benmelech, 622 So. 2d 592, 593 (Fla. 3d DCA 1993) (motion for modification of final judgment is properly viewed as a motion to alter or amend judgment trader Rule 1.530(g)). If the Bank’s motion to vacate final judgment is properly considered to be a timely motion for rehear…
  • Fire & Cas. Ins. Co. of Conn. v. Sealey, 810 So. 2d 988 (Fla. 1st DCA 2002)
    …ned, and filed with the clerk. Filing one of the motions listed in rule 9.020(h) will suspend rendition of the final order only if the motion is timely under the rules applicable to the proceed [*991] ing in the lower court. See Salam v. Benmelech, 622 So. 2d 592, 593 (Fla. 3d DCA 1993) (untimely motion to alter or amend); Bailey v. Mobile Home Park Realty, Inc., 579 So. 2d 198, 199, 200 (Fla. 2d DCA 1991) (untimely motion in arrest of judgment); Americare Biologicals, Inc. v. Technical Chemicals & Products,…
  • L.L.N. v. Dep't of Child. & Families, 840 So. 2d 1172 (Fla. 5th DCA 2003)
    …otice of appeal until January 8, 2002. See R.F. v. Department of Children and Families, 801 So. 2d 291 (Fla. 1st DCA 2001) (dismissing appeal for lack of jurisdiction because notice not filed within 30 days of termination order); Salam v. Benmelech, 622 So. 2d 592 (Fla. 3d DCA 1993)(distriet court of appeal lacked jurisdiction to review final judgment, as time of rendition was not postponed by untimely service of modification motion, which was in fact motion to alter or amend judgment beyond ten-day period pr…

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