Baboolal v. Baboolal

District Court of Appeal of Florida

Baboolal v. Baboolal

893 So. 2d 700, 2005 Fla. App. LEXIS 1673, 2005 WL 387676

District Court of Appeal of Florida·Decided February 18, 2005·No. No. 5D03-3361·Published·Cited by 1 cases

Opinion

COBB, W., Senior Judge.

John Baboolal appeals the trial court’s nonfinal order setting aside a default and default judgment. See Fla. R.App. P. 9.130(a)(5). We must dismiss the appeal as being untimely because the notice of appeal was not filed within thirty days of the date the order setting aside the default final judgment was entered. See Fla. R.App. P. 9.130(b). Baboolal’s motion for rehearing did not toll the time for filing an appeal, and the order denying the motion for rehearing is not an appealable order. See Caufield, v. Cantele, 837 So.2d 371 (Fla.2002); Nationwide Ins. Co. v. Forrest, 682 So.2d 672 (Fla. 4th DCA 1996).

DISMISSED.

MONACO and TORPY, JJ., concur.

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COBB, W., Senior Judge.

John Baboolal appeals the trial court’s nonfinal order setting aside a default and default judgment. See Fla. R.App. P. 9.130(a)(5). We must dismiss the appeal as being untimely because the notice of appeal was not filed within thirty days of the date the order setting aside the default final judgment was entered. See Fla. R.App. P. 9.130(b). Baboolal’s motion for rehearing did not toll the time for filing an appeal, and the order denying the motion for rehearing is not an appealable order. See Caufield, v. Cantele, 837 So.2d 371 (Fla.2002); Nationwide Ins. Co. v. Forrest, 682 So.2d 672 (Fla. 4th DCA 1996).

DISMISSED.

MONACO and TORPY, JJ., concur.

Baboolal v. Baboolal, 893 So. 2d 700, 2005 Fla. App. LEXIS 1673, 2005 WL 387676 (Fla. Ct. App. 2005).

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Opinion

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