HURTADO v. HURTADO (2022)

District Court of Appeal of Florida, Third District.

Damian HURTADO, et al., Appellant(s)/Petitioner(s), v. Alipio HURTADO, et al., Appellee(s)/Respondent(s).

CASE NO.: 3D22-1058

Decided: July 26, 2022

Upon consideration of Appellants’ Response to this Court's Order to show cause as to why this appeal should not be dismissed, this Court does hereby dismiss this appeal as untimely.

The motion for a new trial directed to the verdict did not toll rendition of the appealed order, an appealable interlocutory order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B). A motion can suspend rendition only if it is directed to a final order that is the subject of the appeal. See Prudential-Bache Sec., Inc. v. Bandes, 510 So. 2d 315 (Fla. 2d DCA 1987) (concluding that a motion for rehearing directed to a post-judgment costs order did not toll the time for filing an appeal of the final order); Fla. R. App. P. 9.020(h)(2).

FERNANDEZ, C.J., and LOGUE and HENDON, JJ., concur.

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