NICHOLAS KOSTELNY JULIANNE KOSTELNY v. BLUEWATER BAY RESORT LLC EUROPCO MANAGMEMENT CO OF AMERICA LLC (2023)

The appellants ask us to review the trial court's order denying their amended Motion to Find Void and/or Vacate, Set Aside, Reconsider and/or Rehear Final Summary Judgment. That motion, filed in 2020, sought relief from judgment rendered on April 27, 2017, based on the rendering judge's later unelaborated recusal. The motion purported to rely on Florida Rule of General Practice and Judicial Administration 2.330(j), which allows for reconsideration, vacatur, or amendment of “[p]rior factual or legal rulings by a disqualified judge may be reconsidered and vacated or amended by a successor judge based upon a motion for reconsideration.” This rule does not allow for relief from a final judgment, so the motion was unauthorized. Accordingly, this appeal is DISMISSED for want of jurisdiction. See Fla. R. App. P. 9.130(a)(5) (allowing for a post-judgment appeal of an order “entered on an authorized and timely motion for relief from judgment” (emphasis supplied)).

PER CURIAM.

RAY, M.K. THOMAS, and TANENBAUM, JJ., concur.