Earl M. Johnson, Jr. v. Jeremy David Snyder and Aida Marta Ramirez
CourtDistrict Court of Appeal of Florida
Date FiledMay 13, 2020
Docket1D19-2551
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-2551
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EARL M. JOHNSON, JR.,
Petitioner,
v.
JEREMY DAVID SNYDER and AIDA
MARTA RAMIREZ,
Respondents.
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Petition for Writ of Certiorari—Original Jurisdiction.
May 13, 2020
PER CURIAM.
In this petition for writ of certiorari, Petitioner seeks review
of two nonfinal orders, the first denying his motion to strike the
intervenor’s pleading and the second granting the intervenor’s
motion to require a lis pendens bond. For the reasons that follow,
we dismiss the petition for lack of jurisdiction.
Petitioner claims that the trial court departed from the
essential requirements of law, resulting in irreparable injury,
when it denied Petitioner’s motion to strike the intervenor’s
answer with counterclaim. Respondents counter that the certiorari
petition is untimely under Florida Rule of Appellate Procedure
9.100(c)(1) because it was filed more than thirty days after
rendition of the trial court’s order granting intervention on March
29, 2018. See Caldwell v. Wal-Mart Stores, Inc., 980 So. 2d 1226,
1228 (Fla. 1st DCA 2008) (holding that the thirty-day time limit
for filing a certiorari petition is jurisdictional and not merely a
matter of procedure); Wibbens v. State, Dep’t of Highway Safety &
Motor Vehicles, Bureau of Driver Improvement, 956 So. 2d 503, 504
(Fla. 1st DCA 2007) (same).
Although Petitioner claims that his petition was timely
because it was filed fewer than thirty days after rendition of the
trial court’s order denying Petitioner’s motion to strike the
intervenor’s pleading, this assertion is incorrect because the
thirty-day deadline ended on Friday, July 12, 2019, and the
petition was not filed until Monday, July 15, 2019. Accordingly, we
dismiss the petition for lack of jurisdiction as it relates to the trial
court’s order denying Petitioner’s motion to strike the answer with
counterclaim.
Petitioner also claims that the trial court departed from the
essential requirements of law, resulting in irreparable injury,
when it granted the intervenor’s motion to require a lis pendens
bond. Again, Respondents assert that the certiorari petition is
untimely under rule 9.100(c)(1) because it was filed more than
thirty days after rendition of the trial court’s order denying the
intervenor’s motion to dissolve notice of lis pendens but granting
the intervenor’s motion to require a lis pendens bond. Petitioner
counters that the filing of his motion for reconsideration tolled
rendition of this order until the trial court disposed of the motion
on July 2, 2019, which was fewer than thirty days before the filing
of the certiorari petition. However, a motion for reconsideration of
a non-final order is not an authorized motion that would toll the
time for filing a certiorari petition. See Jones v. Pantry, Inc., 866
So. 2d 733 (Fla. 1st DCA 2004); Longo v. Longo, 515 So. 2d 1013,
1014 (Fla. 1st DCA 1987). Accordingly, we also dismiss the petition
for lack of jurisdiction as it relates to the trial court’s order
requiring a lis pendens bond.
PETITION DISMISSED.
OSTERHAUS, JAY, and TANENBAUM, 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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Earl M. Johnson, Jr., pro se, Petitioner.
Nicholas Martino, Jacksonville, for Respondents.
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