Crystal Colvin v. Rudolfo Longoria and Diana Longoria
CourtDistrict Court of Appeal of Florida
Date FiledApril 12, 2023
Docket2D22-3430
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
CRYSTAL COLVIN a/k/a CRYSTAL COLLINS,
Appellant,
v.
RUDOLFO LONGORIA and DIANA LONGORIA;
and UNKNOWN TENANT #1,
Appellees.
No. 2D22-3430
April 12, 2023
Appeal pursuant to Fla. R. App. P. 9.130 from the County Court for
Hillsborough County; J. Logan Murphy, Judge.
N. Burton Williams, Apollo Beach, for Appellant.
Jonah Dickstein of Dickstein Law, Tampa, for Appellees Rudolfo Longoria
and Diana Longoria.
ROTHSTEIN-YOUAKIM, Judge.
Crystal Colvin seeks review of four orders: a six-part August 28,
2022, order that disposed of multiple motions; a September 2, 2022,
order denying Colvin's emergency motion for stay, which the trial court
construed as a motion for rehearing directed to its August 28, 2022,
order; a September 20, 2022, order denying Colvin's successive motion
for rehearing; and a September 21, 2022, order denying yet another
successive "emergency" motion for rehearing. The trial court entered
each of these orders in postjudgment proceedings of an eviction case.
We lack jurisdiction to review any of these orders.
Because Colvin did not file her notice of appeal challenging the
court's August 28, 2022, order until more than thirty days after rendition
of that order, her appeal is untimely. See Fla. R. App. P. 9.110(b). To
the extent the court's August 28 order was a final order, Colvin's first
motion for rehearing tolled rendition until September 2, 2022, but Colvin
did not file her notice of appeal until October 18, 2022. Her successive
motions for rehearing were both unauthorized and failed to further toll
rendition. See, e.g., Mortellaro & Sinadinos, PLLC v. Countrywide Home
Loans, 14 So. 3d 278, 279 (Fla. 1st DCA 2009).
Further, because orders on rehearing are not separately reviewable
from the underlying order, we lack jurisdiction to review the trial court's
September 20, 2022, order denying Colvin's successive motion for
rehearing and its September 21, 2022, order denying Colvin's emergency
motion for rehearing. See Fla. R. App. P. 9.130(a)(4); Grant v. Jones, 933
So. 2d 32, 33 (Fla. 1st DCA 2006) ("[A]n order denying a motion for
rehearing is not independently reviewable."); see also Jockey Club Condo.
Apartments, Inc. v. B.V.K., LLC, 237 So. 3d 1118, 1122–23 (Fla. 3d DCA
2018) (dismissing appeal and applying rule 9.130(a)(4)'s prohibition on
separate review of orders on rehearing to an order disposing of a
rehearing motion that failed to toll rendition of the underlying order).
Accordingly, we dismiss this appeal for lack of jurisdiction.
NORTHCUTT and LUCAS, JJ., Concur.
Opinion subject to revision prior to official publication.
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