FLORIDA EDUCATION PROPERTIES ROLLING OAKS LLC v. GRAY CONSTRUCTION ASSOCIATES INC (2018)

District Court of Appeal of Florida, Third District.

FLORIDA EDUCATION PROPERTIES ROLLING OAKS, LLC, Appellant(s)/Petitioner(s), v. GRAY CONSTRUCTION & ASSOCIATES, INC., Appellee(s)/Respondent(s),

CASE NO.: 3D18–0183

Decided: March 29, 2018

Upon consideration, we dismiss this appeal for lack of jurisdiction. Because appellant's motion for reconsideration or rehearing of the trial court's nonfinal order was unauthorized, that motion did not toll rendition of the order. Appellant failed to file its notice of appeal within thirty days of rendition of the order, and the appeal is therefore untimely. See Fla. R. App. P. 9.020(i), 9.130(a)(4)–(5); 1st Priority Restoration, Inc. v. Salame, 129 So. 3d 1171 (Fla. 3d DCA 2014); LaCarrere v. Reilly, 987 So. 2d 816 (Fla. 3d DCA 2008). See also Fla. R. Civ. P. 1.090(b) (trial court “may not extend the time for ․ taking an appeal”); In the Interest of T.D., 623 So. 2d 851 (Fla. 1st DCA 1993) (trial court is without authority to extend the time for filing a notice of appeal).

EMAS, FERNANDEZ and LUCK, JJ., concur.

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