DocketNumber: 84-1498
Citation Numbers: 468 So. 2d 504
Judges: Orfinger
Filed Date: 5/9/1985
Status: Precedential
Modified Date: 3/3/2016
District Court of Appeal of Florida, Fifth District.
*505 W. Glenn Mayfield, of Ledford & Mayfield, Ormond Beach, for appellant.
Geraldyne H. Carlton, of Carlton & Carlton, P.A., Lakeland, for appellees.
ORFINGER, Judge.
The motion to dismiss the appeal is granted because the notice of appeal was not timely. An order entered under Rule 1.540(b) is a non-final order. Smith v. Weede, 433 So. 2d 992 (Fla. 5th DCA 1983). A motion for rehearing is authorized only as to a final order, so when addressed to a non-final order it does not delay rendition of that order. Hofer v. Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982); Fla.R. App.P. 9.020(g). The notice of appeal was filed more than 30 days from rendition of the order sought to be reviewed, so we have no jurisdiction. Smith, supra; Ramos v. State, 456 So. 2d 1297 (Fla. 2d DCA 1984).
APPEAL DISMISSED.
FRANK D. UPCHURCH, Jr., and COWART, JJ., concur.