Audi v. Federal National Mortgage Ass'n

District Court of Appeal of Florida

Audi v. Federal National Mortgage Ass'n

685 So. 2d 102, 1997 Fla. App. LEXIS 86, 1997 WL 5178

CourtDistrict Court of Appeal of Florida

DecidedJanuary 8, 1997

DocketNo. 95-4199

StatusPublished

Cited by4 cases

This text of 685 So. 2d 102 (Audi v. Federal National Mortgage Ass'n) 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.

Bluebook

Audi v. Federal National Mortgage Ass'n, 685 So. 2d 102, 1997 Fla. App. LEXIS 86, 1997 WL 5178 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

This appeal arises out of the trial court’s order dismissing all class action claims with prejudice, but allowing leave to serve an amended complaint as to the individual claims. The order rendered by the trial court on June 26, 1995 is final. Cordell v. World Ins. Co., 352 So.2d 108 (Fla. 1st DCA 1977); Smith v. Atlantic Boat Builder Co., 356 So.2d 359 (Fla. 1st DCA 1978).

On July 11, 1995, fifteen days after the judgment was rendered, appellants served their motion for rehearing. The trial court denied that motion on December 1, 1995. Thereafter, appellants filed a notice of appeal on December 7, 1995. Because the motion for rehearing was untimely served, the rendition of the order appealed from was not suspended. Fla. R.App.P. 9.020(g); Fla. R.Civ.P. 1.530(b); Pennington v. Waldheim, 669 So.2d 1158, 1159 (Fla. 5th DCA 1996). Accordingly, we dismiss this appeal for lack of jurisdiction.

DELL, STONE and SHAHOOD, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This appeal arises out of the trial court’s order dismissing all class action claims with prejudice, but allowing leave to serve an amended complaint as to the individual claims. The order rendered by the trial court on June 26, 1995 is final. Cordell v. World Ins. Co., 352 So.2d 108 (Fla. 1st DCA 1977); Smith v. Atlantic Boat Builder Co., 356 So.2d 359 (Fla. 1st DCA 1978).

On July 11, 1995, fifteen days after the judgment was rendered, appellants served their motion for rehearing. The trial court denied that motion on December 1, 1995. Thereafter, appellants filed a notice of appeal on December 7, 1995. Because the motion for rehearing was untimely served, the rendition of the order appealed from was not suspended. Fla. R.App.P. 9.020(g); Fla. R.Civ.P. 1.530(b); Pennington v. Waldheim, 669 So.2d 1158, 1159 (Fla. 5th DCA 1996). Accordingly, we dismiss this appeal for lack of jurisdiction.

DELL, STONE and SHAHOOD, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

685 So. 2d 102, 1997 Fla. App. LEXIS 86, 1997 WL 5178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/audi-v-federal-national-mortgage-assn-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack