Adventist Health System/Sunbelt Inc. v. Kiss

District Court of Appeal of Florida

Adventist Health System/Sunbelt Inc. v. Kiss

510 So. 2d 971, 12 Fla. L. Weekly 1618, 1987 Fla. App. LEXIS 9151

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 1987

DocketNo. 87-216

StatusPublished

Cited by1 cases

This text of 510 So. 2d 971 (Adventist Health System/Sunbelt Inc. v. Kiss) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Adventist Health System/Sunbelt Inc. v. Kiss, 510 So. 2d 971, 12 Fla. L. Weekly 1618, 1987 Fla. App. LEXIS 9151 (Fla. Ct. App. 1987).

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Opinion

ON MOTION TO DISMISS

ORFINGER, Judge.

Appellees’ motion to dismiss the appeal is granted. Appellant’s “motion for clarification” of the final order merely asked the trial court to specify the precise grounds on which the final order of dismissal was based. This motion is not a motion for rehearing nor is it tantamount to a motion to alter or amend the final judgment, as appellant argues. Neither does it qualify as any of the other motions which delay rendition of a final order: Fla.R.App.P. 9.020(g). Because the “motion for clarification” did not delay rendition, and because the notice of appeal was not filed within 30 days after the final order of dismissal was rendered, the notice of appeal is untimely and this court lacks jurisdiction over the appeal.

APPEAL DISMISSED.

UPCHURCH, C.J., and DAUKSCH, J., concur.

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ON MOTION TO DISMISS

ORFINGER, Judge.

Appellees’ motion to dismiss the appeal is granted. Appellant’s “motion for clarification” of the final order merely asked the trial court to specify the precise grounds on which the final order of dismissal was based. This motion is not a motion for rehearing nor is it tantamount to a motion to alter or amend the final judgment, as appellant argues. Neither does it qualify as any of the other motions which delay rendition of a final order: Fla.R.App.P. 9.020(g). Because the “motion for clarification” did not delay rendition, and because the notice of appeal was not filed within 30 days after the final order of dismissal was rendered, the notice of appeal is untimely and this court lacks jurisdiction over the appeal.

APPEAL DISMISSED.

UPCHURCH, C.J., and DAUKSCH, J., concur.

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Bluebook (online)

510 So. 2d 971, 12 Fla. L. Weekly 1618, 1987 Fla. App. LEXIS 9151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adventist-health-systemsunbelt-inc-v-kiss-fladistctapp-1987.

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