ELWER v. STERNBERG (2022)

District Court of Appeal of Florida, First District.

Kevin ELWER and Cindy Elwer, Appellants, v. Suzanne M. STERNBERG, Appellee.

No. 1D21-1551

Decided: June 15, 2022

Kevin S. Sanders, Jacksonville, for Appellants. Felecia Leann Walker of Edwards & Edwards PA, Jacksonville, for Appellee.

Appellants’ motion for rehearing did not toll the rendition of the Final Judgment as to Count II of Plaintiff's Second Amended Complaint (Quiet Title), which is a nonfinal order appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). See Fla. R. App. P. 9.130(a)(5) (“Motions for rehearing directed to these orders are not authorized under these rules and therefore will not toll the time for filing a notice of appeal.”); Lovelace v. Lovelace, 124 So. 3d 447 (Fla. 1st DCA 2013) (“The law in Florida is well settled that a motion for rehearing or reconsideration does not toll the time for filing an appeal from a non-final order reviewable pursuant to the provisions of Florida Rule of Appellate Procedure 9.130.”). Accordingly, this appeal is dismissed as untimely.

Dismissed.

Per Curiam.

Lewis, Bilbrey, and Jay, JJ., concur.

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