Maleana Gay, F/K/A/ Maleana Mann v. Timothy Mann
CourtDistrict Court of Appeal of Florida
Date FiledAugust 18, 2021
Docket1D21-1197
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D21-1197
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MALEANA GAY, f/k/a/ Maleana
Mann,
Appellant,
v.
TIMOTHY MANN,
Appellee.
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On appeal from the Circuit Court for Nassau County.
Lester B. Bass, Judge.
August 18, 2021
PER CURIAM.
Appellant seeks review of an order denying her amended
motion to set aside a final judgment of dissolution of marriage.
Appellant timely filed a motion for rehearing on the order, which
was denied. More than five months after the order on appeal was
rendered, Appellant filed her notice of appeal. However, because
the motion for rehearing was unauthorized and did not toll the
time for the filing of a notice of appeal, the notice of appeal was
untimely.
Only authorized and timely motions for rehearing toll
rendition of an order. Fla. R. App. P. 9.020(h)(1). Motions for
rehearing on orders denying a motion for relief from judgment are
not authorized and do not toll the time for filing a notice of appeal.
See Fla. R. App. P. 9.130(a)(5); see also Frantz v. Moore, 772 So. 2d
581, 581 (Fla. 1st DCA 2000) (dismissing an appeal for lack of
jurisdiction โ[b]ecause a motion for rehearing of an order denying
a motion for relief from judgment is not authorized, the motion for
rehearing did not toll the time for filing a notice of appeal.โ); see
also Catalano v. Catalano, 516 So. 2d 77 (Fla. 5th DCA 1987);
Talley v. Canal Indemnity Co., 558 So. 2d 1088 (Fla. 4th DCA 1990)
(Anstead, J., concurring). Accordingly, we dismiss this appeal for
lack of jurisdiction.
DISMISSED.
B.L. THOMAS, ROBERTS, and LONG, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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William S. Graessle of William S. Graessle, P.A., Jacksonville, for
Appellant.
No appearance for Appellee.
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