Lara's Cabling Corp. v. Financial Exchange Network

District Court of Appeal of Florida

Lara's Cabling Corp. v. Financial Exchange Network

56 So. 3d 121, 2011 Fla. App. LEXIS 3157, 2011 WL 799761

District Court of Appeal of Florida·Decided March 9, 2011·No. No. 3D10-2016·Published

Opinion

PER CURIAM.

This appeal filed on July 28, 2010 from an order dated June 14, 2010, which denied appellant’s verified motion to set aside a previously entered default judgment is dismissed for lack of jurisdiction as untimely. Although appellant filed a motion for reconsideration of the order on June 24, 2010, which was denied on July 14, 2010, that motion was unauthorized and therefore did not toll the 30-day appeal time. See Fla. R.App. P. 9.130(a)(5); Francisco v. Victoria Marine Shipping, Inc., 486 So.2d 1386 (Fla. 3d DCA 1986), review denied, 494 So.2d 1153 (Fla.1986); see also Bastida v. Vitaver, 590 So.2d 1092 (Fla. 3d DCA 1991).

Appeal dismissed.

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PER CURIAM.

This appeal filed on July 28, 2010 from an order dated June 14, 2010, which denied appellant’s verified motion to set aside a previously entered default judgment is dismissed for lack of jurisdiction as untimely. Although appellant filed a motion for reconsideration of the order on June 24, 2010, which was denied on July 14, 2010, that motion was unauthorized and therefore did not toll the 30-day appeal time. See Fla. R.App. P. 9.130(a)(5); Francisco v. Victoria Marine Shipping, Inc., 486 So.2d 1386 (Fla. 3d DCA 1986), review denied, 494 So.2d 1153 (Fla.1986); see also Bastida v. Vitaver, 590 So.2d 1092 (Fla. 3d DCA 1991).

Appeal dismissed.

Lara's Cabling Corp. v. Financial Exchange Network, 56 So. 3d 121, 2011 Fla. App. LEXIS 3157, 2011 WL 799761 (Fla. Ct. App. 2011).

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Opinion

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