Johnson v. Florida Dept. of Law Enforcement
This text of 881 So. 2d 64 (Johnson v. Florida Dept. of Law Enforcement) 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.
Opinion
Barry JOHNSON, Appellant,
v.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT, Appellee.
District Court of Appeal of Florida, First District.
James V. Cook, Tallahassee, for Appellant.
Fern Rosenwasser, Tallahassee, for Appellee.
PER CURIAM.
Upon consideration of the appellant's response to the Court's order of June 25, 2004, the Court has determined that the second motion for rehearing was not authorized, and therefore did not delay rendition of the underlying Order Dismissing *65 Cause Sua Sponte. Specifically, although the April 6, 2004, order denying rehearing provided an alternative basis for the disposition, it reaffirmed the original determination. Thus, the order did not change the entire basis for the previous ruling. C.f. Dade Federal Savings & Loan Ass'n v. Smith, 403 So.2d 995, 999 (Fla. 1st DCA 1981) (determining that second motion for rehearing was authorized in the limited circumstances where the ruling on a first motion for rehearing changes the entire basis of the previous ruling). Accordingly, the instant appeal is hereby dismissed as untimely.
BOOTH, WEBSTER, and DAVIS, JJ., concur.
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881 So. 2d 64, 2004 Fla. App. LEXIS 12181, 2004 WL 1845553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-florida-dept-of-law-enforcement-fladistctapp-2004.