Green Tree Vendor Services Corp. v. Lisi

District Court of Appeal of Florida

Green Tree Vendor Services Corp. v. Lisi

732 So. 2d 422, 1999 Fla. App. LEXIS 5009, 1999 WL 233548

CourtDistrict Court of Appeal of Florida

DecidedApril 20, 1999

DocketNo. 98-2211

StatusPublished

Cited by2 cases

This text of 732 So. 2d 422 (Green Tree Vendor Services Corp. v. Lisi) 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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Green Tree Vendor Services Corp. v. Lisi, 732 So. 2d 422, 1999 Fla. App. LEXIS 5009, 1999 WL 233548 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Consistent with the arguments presented in the briefs and at oral argument, we treat this appeal from an order awarding attorney’s fees, following a voluntary dismissal of the case without prejudice, as a petition for writ of certiorari to review a non-final order. See Rose Printing Co., Inc. v. Wilson, 602 So.2d 600, 601 (Fla. 1st DCA 1992); Sopena v. Rowland Coffee Roasters, Inc., 716 So.2d 799, 800 (Fla. 3d DCA 1998). We nevertheless dismiss the [423]*423petition for lack of jurisdiction, because the motion for rehearing directed to the order under review did not toll the time for filing the petition, and the petition was not filed within the requisite 30-day period. See Shelnutt v. Citrus County, 660 So.2d 393, 394 (Fla. 5th DCA 1995).

Petition DISMISSED.

ERVIN, KAHN and LAWRENCE, JJ., CONCUR.

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PER CURIAM.

Consistent with the arguments presented in the briefs and at oral argument, we treat this appeal from an order awarding attorney’s fees, following a voluntary dismissal of the case without prejudice, as a petition for writ of certiorari to review a non-final order. See Rose Printing Co., Inc. v. Wilson, 602 So.2d 600, 601 (Fla. 1st DCA 1992); Sopena v. Rowland Coffee Roasters, Inc., 716 So.2d 799, 800 (Fla. 3d DCA 1998). We nevertheless dismiss the [423]*423petition for lack of jurisdiction, because the motion for rehearing directed to the order under review did not toll the time for filing the petition, and the petition was not filed within the requisite 30-day period. See Shelnutt v. Citrus County, 660 So.2d 393, 394 (Fla. 5th DCA 1995).

Petition DISMISSED.

ERVIN, KAHN and LAWRENCE, JJ., CONCUR.

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732 So. 2d 422, 1999 Fla. App. LEXIS 5009, 1999 WL 233548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-tree-vendor-services-corp-v-lisi-fladistctapp-1999.

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