NICKEL GOESEKE v. ARCH SPECIALTY INSURANCE COMPANY
CourtDistrict Court of Appeal of Florida
Date FiledAugust 26, 2020
Docket3D19-1060
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed August 26, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1060
Lower Tribunal No. 17-12099
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Nickel Goeseke, et al.,
Appellants,
vs.
Arch Specialty Insurance Company, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Jorge E. Cueto,
Judge.
Alvarez, Feltman, Da Silva & Costa, PL, and Paul B. Feltman, for appellants.
Butler Weihmuller Katz Craig LLP, and Anthony J. Russo, Christopher M.
Ramey, Mihaela Cabulea and Adam M. Topel (Tampa), for appellee Arch Specialty
Insurance Company.
Before EMAS, C.J., and SALTER and GORDO, JJ.
PER CURIAM.
We dismiss for lack of jurisdiction Nickel Goeseke’s appeal of the trial court’s
final order of dismissal and to compel appraisal, which was issued on October 18,
2017, and rendered following the denial of rehearing on December 13, 2017. See
Fla. R. App. P. 9.110(b) (“Jurisdiction of the court under this rule shall be invoked
by filing a notice, accompanied by any filing fees prescribed by law, with the clerk
of the lower tribunal within 30 days of rendition of the order to be reviewed.”); Fla.
Organic Aquaculture, LLC v. Advent Envtl. Sys., LLC, 268 So. 3d 910, 913 (Fla.
5th DCA 2019) (“[T]he entry of an order denying a motion for rehearing divests a
trial court of jurisdiction to conduct further proceedings, including hearing and
ruling on a second motion for rehearing.”); Pennywell v. Dep’t of Revenue ex rel.
Woodard, 62 So. 3d 19, 20 (Fla. 1st DCA 2011) (“The second motion for rehearing
. . . did not further delay rendition of the final judgment.” (citing Fla. R. App. P.
9.020(h)(1))).
Dismissed.
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