Catalano v. Catalano

District Court of Appeal of Florida

Catalano v. Catalano

516 So. 2d 77, 12 Fla. L. Weekly 2731, 1987 Fla. App. LEXIS 11284, 1987 WL 2034

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 1987

DocketNo. 87-543

StatusPublished

Cited by5 cases

This text of 516 So. 2d 77 (Catalano v. Catalano) 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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Catalano v. Catalano, 516 So. 2d 77, 12 Fla. L. Weekly 2731, 1987 Fla. App. LEXIS 11284, 1987 WL 2034 (Fla. Ct. App. 1987).

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Opinion

COWART, Judge.

This appeal is dismissed as untimely. Motions for rehearing (or for “reconsideration”) of an order issued under Florida Rule of Civil Procedure 1.540(b) are not authorized. Therefore, such motion in this case did not toll the time for appellant to file a notice of appeal from the order dis[78]*78missing appellant’s petition under that Rule. See Ramos v. State, 456 So.2d 1297 (Fla. 2d DCA 1984); Smith v. Weede, 433 So.2d 992 (Fla. 5th DCA 1983); Tacy v. Davis, 425 So.2d 603 (Fla. 4th DCA 1982). See also Francisco v. Victoria Marine Shipping, Inc., 486 So.2d 1386 (Fla. 3d DCA), rev. denied, 494 So.2d 1153 (Fla.1986); Irwin v. Walker, 468 So.2d 241 (Fla. 2d DCA 1984).

DISMISSED.

UPCHURCH, C.J., and ORFINGER, J., concur.

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COWART, Judge.

This appeal is dismissed as untimely. Motions for rehearing (or for “reconsideration”) of an order issued under Florida Rule of Civil Procedure 1.540(b) are not authorized. Therefore, such motion in this case did not toll the time for appellant to file a notice of appeal from the order dis[78]*78missing appellant’s petition under that Rule. See Ramos v. State, 456 So.2d 1297 (Fla. 2d DCA 1984); Smith v. Weede, 433 So.2d 992 (Fla. 5th DCA 1983); Tacy v. Davis, 425 So.2d 603 (Fla. 4th DCA 1982). See also Francisco v. Victoria Marine Shipping, Inc., 486 So.2d 1386 (Fla. 3d DCA), rev. denied, 494 So.2d 1153 (Fla.1986); Irwin v. Walker, 468 So.2d 241 (Fla. 2d DCA 1984).

DISMISSED.

UPCHURCH, C.J., and ORFINGER, J., concur.

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516 So. 2d 77, 12 Fla. L. Weekly 2731, 1987 Fla. App. LEXIS 11284, 1987 WL 2034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catalano-v-catalano-fladistctapp-1987.

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