STATE FARM FLORIDA INSURANCE COMPANY v. VINCENT MANCUSI

• Court: District Court of Appeal of Florida
• Decided: November 3, 2021
• Docket: 21-1740
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 3, 2021. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-1740 Lower Tribunal No. 19-35873 ________________

State Farm Florida Insurance Company, Petitioner,

vs.

Vincent Mancusi, et al., Respondents.

On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Gina Beovides, Judge.

Law Office of Ubaldo J. Perez, Jr., and Ubaldo J. Perez, Jr. and Noah Nite; Link & Rockenbach, PA, and Kara Rockenbach Link and David A. Noel (West Palm Beach), for petitioner.

Katranis, Wald & Garner, PLLC, and Thomas A. Katranis (Fort Lauderdale), for respondents.

Before LOGUE, SCALES and LINDSEY, JJ.

PER CURIAM. This appeal is dismissed for lack of jurisdiction because it untimely

attempts to seek review of an order denying a motion to vacate a prior

interlocutory order. A motion to reconsider an interlocutory order, while within

the inherent power of the trial court, is not formally authorized and does not

toll or revive the 30-day time limit for petitioning for certiorari. Caufield v.

Cantele, 837 So. 2d 371, 376 n.3 (Fla. 2002) (“Only authorized motions for

rehearing will delay the rendition of the trial court’s order, and, in turn, toll the

time for filing a petition for certiorari. Because motions for rehearing are not

authorized as to nonfinal orders, they can not delay the rendering of a

nonfinal order. Consequently, a motion for rehearing of a nonfinal order will

not toll the time for filing a petition for certiorari.” (citations omitted)); Weiss

v. Utzet, 147 So. 3d 1007, 1007 (Fla. 3d DCA 2014) (same).

Petition dismissed.