ROBERT A. LEWIS
v.
U. S. HOSPITALITY OF TAMPA BAY, INC.

Fla. 2d DCA | 2019-02-15
No. 18-2560
Battles, J., Kelly, J., Black, J., Sleet, J.
264 So. 3d 382 Florida District Court of Appeal, Second District (2019)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

An appeal from an order entered on a motion for relief from judgment is not final and nonappealable when a motion for rehearing is filed, as such motions do not toll the time for filing a notice of appeal.


Headnotes

[1] A motion for rehearing directed to an order entered on a motion for relief from judgment does not toll the time for filing a notice of appeal, rendering such orders nonfi…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Orders entered on an authorized and timely motion for relief from judgment are reviewable by the method prescribed by this rule. Motions for rehearing directed to these orders will not toll the time for filing a notice of appeal.”

Court citing Florida Rule of Appellate Procedure 9.130(a)(5) as the basis for dismissal

Facts & Procedural History

Robert Lewis appealed from a circuit court order in Hillsborough County. The appeal was taken from an order entered on a motion for relief from judgme…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Sleet

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

ROBERT LEWIS, ) ) Appellant, ) ) v. ) ) Case No. 2D18-2560 U.S. HOSPITALITY OF TAMPA BAY, INC., ) a Florida corporation, )

) Appellee. ) ) Opinion filed February 15, 2019. Appeal from the Circuit Court for Hillsborough County; Emmett Lamar Battles, Judge. Robert Lewis, pro se. No appearance for Appellee.

PER CURIAM.

This appeal is dismissed as from a nonfinal, nonappealable order. See Fla. R. App. P. 9.130(a)(5) ("Orders entered on an authorized and timely motion for relief from judgment are reviewable by the method prescribed by this rule. Motions for rehearing directed to these orders will not toll the time for filing a notice of appeal." (emphasis added)). KELLY, BLACK, and SLEET, JJ., Concur.


Cases With Similar Vibessemantic neighbors from the corpus

Full citator, related cases, and AI research tools

Open in FLexlaw