ROBERT A. LEWIS
v.
U. S. HOSPITALITY OF TAMPA BAY, INC.
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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.
[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…
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Join FLexlaw to unlock all legal intelligence“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
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…
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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.