CARMEN GELPI DELGADO v. CHEN NEIGHBORHOOD MEDICAL CENTERS OF SOUTH FLORIDA LLC (2022)

District Court of Appeal of Florida, Third District.

CARMEN GELPI DELGADO, Appellant(s)/Petitioner(s), v. CHEN NEIGHBORHOOD MEDICAL CENTERS OF SOUTH FLORIDA, LLC, Appellee(s)/Respondent(s).

CASE NO.: 3D22-1690

Decided: December 13, 2022

Following review of the Corrected Amended Petition for Writ of Certiorari, and the Response and Reply thereto, it is ordered that said Petition is hereby dismissed as untimely. “ ‘[A] motion for rehearing directed to a non-final order ․ is not authorized under the rules and does not toll the time for filing the notice of appeal’ from an appealable, non-final order.” Avael L. Firm, PLLC v. Sechrist, 347 So. 3d 424, 427 n.5 (Fla. 3d DCA 2022) (quoting Deal v. Deal, 783 So. 2d 319, 321 (Fla. 5th DCA 2001)).

Upon consideration of Respondent's Motion for Appellate Attorneys’ Fees, it is ordered that said Motion is granted, conditioned upon Respondent prevailing in the action below and the trial court determining entitlement to fees based thereon.

Petitioner's Request for Attorneys’ Fees is hereby denied.

Respondent's Motion to Stay Lower Court Case is hereby denied as moot.

HENDON, GORDO and BOKOR, JJ., concur.

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