T.V. Dimensions, Inc. v. Lennar Florida Partners

District Court of Appeal of Florida

T.V. Dimensions, Inc. v. Lennar Florida Partners

630 So. 2d 604, 1993 WL 580936

CourtDistrict Court of Appeal of Florida

DecidedDecember 2, 1993

DocketNo. 93-02201

StatusPublished

This text of 630 So. 2d 604 (T.V. Dimensions, Inc. v. Lennar Florida Partners) 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.

Bluebook

T.V. Dimensions, Inc. v. Lennar Florida Partners, 630 So. 2d 604, 1993 WL 580936 (Fla. Ct. App. 1993).

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Opinion

On consideration of appellee’s motion to dismiss the appeal, the court determines that the appellant’s motion for relief from sanctions was not cognizable pursuant to Florida Rule of Civil Procedure 1.540, see Shields v. Flinn, 528 So.2d 967, 968 (Fla. 3d DCA 1988), but instead was a motion for reconsideration of a previous interlocutory order. See Francisco v. Victoria Marine Shipping, Inc., 486 So.2d 1386, 1388 n. 2 (Fla. 3d DCA), review denied, 494 So.2d 1153 (Fla.1986); see also Richardson v. Watson, 611 So.2d 1254, 1255 (Fla. 2d DCA 1992). Consequently, the order denying relief from the order of sanctions is not an appealable order pursuant to Florida Rule of Appellate Procedure 9.130(a)(5). Treating the notice of appeal as a petition for certiorari as to that order, certiorari is denied.

The notice of appeal of the August 19,1993 order granting plaintiffs motion to compel production of documents and for additional sanctions is treated as a petition for writ of certiorari. Certiorari is denied.

As to the order entered October 7, 1993, the appellant’s brief will be considered a timely petition for writ of certiorari. Certio-rari is denied.

The appellant’s motion for stay pending review and supporting memorandum of law is denied as moot.

NESBITT, COPE and LEVY, JJ., concur.

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On consideration of appellee’s motion to dismiss the appeal, the court determines that the appellant’s motion for relief from sanctions was not cognizable pursuant to Florida Rule of Civil Procedure 1.540, see Shields v. Flinn, 528 So.2d 967, 968 (Fla. 3d DCA 1988), but instead was a motion for reconsideration of a previous interlocutory order. See Francisco v. Victoria Marine Shipping, Inc., 486 So.2d 1386, 1388 n. 2 (Fla. 3d DCA), review denied, 494 So.2d 1153 (Fla.1986); see also Richardson v. Watson, 611 So.2d 1254, 1255 (Fla. 2d DCA 1992). Consequently, the order denying relief from the order of sanctions is not an appealable order pursuant to Florida Rule of Appellate Procedure 9.130(a)(5). Treating the notice of appeal as a petition for certiorari as to that order, certiorari is denied.

The notice of appeal of the August 19,1993 order granting plaintiffs motion to compel production of documents and for additional sanctions is treated as a petition for writ of certiorari. Certiorari is denied.

As to the order entered October 7, 1993, the appellant’s brief will be considered a timely petition for writ of certiorari. Certio-rari is denied.

The appellant’s motion for stay pending review and supporting memorandum of law is denied as moot.

NESBITT, COPE and LEVY, JJ., concur.

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Bluebook (online)

630 So. 2d 604, 1993 WL 580936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tv-dimensions-inc-v-lennar-florida-partners-fladistctapp-1993.

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