JAMES HOENSTINE AND KATHI HOENSTINE, APPELLANTS,
v.
STATE FARM FIRE & CASUALTY CO., ETC., APPELLEE
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State Farm Fire & Casualty Company filed a second motion for rehearing challenging the court's denial of its first motion for rehearing regarding an order granting appellants' motion for appellate attorney's fees. The court denied the second motion, holding that State Farm's first motion was untimely under the 15-day rule for motions for rehearing of appellate court orders, not the 30-day rule for reviewing lower court orders.
State Farm's motion for rehearing was untimely. Motions for rehearing of appellate court orders must be filed within 15 days under Florida Rule of Appellate Procedure 9.830(a), not within 30 days. The 30-day deadline under Rule 9.400(c) applies only to motions for review of trial court orders, not appellate orders. State Farm's second motion for rehearing was also denied as unauthorized and untimely.
[1] Motions for rehearing of an appellate court's order must be filed within 15 days of the order sought to be reviewed.
[2] A motion for rehearing filed more than 15 days after the order sought to be reviewed is untimely.
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Join FLexlaw to unlock all legal intelligence“Motions for rehearing must be filed within 15 days of the order sought to be reviewed. Fla.R.App.P. 9.830(a).”
Establishes the applicable procedural rule for motions for rehearing of appellate court orders
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Join FLexlaw to unlock all legal intelligenceState Farm filed a motion for rehearing of the court's order granting the Hoenstines' motion for appellate attorney's fees. The motion for rehearing w…
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DAUKSCH, J.
ON MOTION FOR REHEARING
Appellee, State Farm Fire & Casualty Company, moves for rehearing of this court’s order granting the motion of appellants, James and Kathi Hoenstine, for appellate attorney’s fees. This is appellee’s second motion for rehearing. In its motion, appellee argues that this court’s denial of its first motion for rehearing was erroneous on the ground that its motion should not have been deemed untimely filed. Appellee erroneously relies upon Florida Rule of Appellate Procedure 9.400(c) which provides that review of orders rendered by the lower tribunal shall be by motion filed in the lower court within 30 days of rendition. Thus, it argues that it filed its motion for rehearing within 30 days of rendition. Rule 9.400(c) is inap plicable because appellee filed a motion for rehearing of this court’s order granting appellants’ motion for attorney’s fees. Motions for rehearing must be filed within 15 days of the order sought to be reviewed. Fla.R.App.P. 9.830(a). Appellee filed its motion for rehearing on July 22, 1999. The order sought to be reviewed was entered on July 6, 1999. Appellee’s motion for rehearing was one day late. Appellee’s second motion for rehearing of the same order is unauthorized and untimely and is also denied.
Appellee’s reliance on Allstar Builders Corp. Inc. v. Zimmerman, 706 So. 2d 92 (Fla. 3d DCA 1998) is misplaced as that case involved a Florida Rule of Appellate Procedure 9.400(c) motion for review of a trial court’s order granting a motion for appellate attorney’s fees and entering a judgment for the fees. It is undisputed that a party filing a motion for review of such an award has 30 days in which to file its motion.
DENIED.
W. SHARP, and PETERSON, JJ., concur.
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Citator
Cited By
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Wade v. State, 57 So. 3d 993 (Fla. 3d DCA 2011)…GERSTEN, J. (dissenting). I respectfully dissent. Neither party has filed a motion for rehearing within the time allowed under the appellate rules. See Fla. R. App. P. 9.330(a); Hoenstine v. State Farm Fire & Cas. Co., 742 So. 2d 853 (Fla. 5th DCA 1999). Therefore, I would adhere to the original opinion of the Court.…
Authorities Cited
- Allstar Builders Corp., Inc. v. Zimmerman, 706 So. 2d 92 (Fla. 3d DCA 1998)
- Hoenstine v. State Farm Fire & Cas. Co., 736 So. 2d 761 (Fla. 5th DCA 1999)