Opinion

Grice v. Board of County Commissioners

  • 400 So. 2d 801
  • 1981 Fla. App. LEXIS 20300
Court
District Court of Appeal of Florida
Filed
Jun 22, 1981
Status
Published
On the bench
Joanos, Liles, Ret, Wentworth
Cited by
1 cases
Authority
More cited than 74.4%

The opinion

ON MOTION TO DISMISS APPELLANTS’ NOTICE OF INTERLOCUTORY APPEAL AS BEING UNTIMELY FILED

PER CURIAM.

Having considered Appellee’s Motion to Dismiss Appellants’ Notice of Interlocutory Appeal as Being Untimely Filed and the responses thereto, the Court orders that the motion is denied. The Court finds that the July 1, 1980, order granting Appellee’s motion to dismiss and dismissing Appellants’ complaint for improper venue was a final order. See Schwertfeger v. Constant, 109 So.2d 173 (Fla. 2nd DCA 1959). Therefore, Appellants’ motion for rehearing and motion for relief from judgment tolled the time within which an appeal could be taken. Thus, Appellants’ notice was timely since it was filed within the appropriate time following the July 30, 1980, order disposing of Appellants’ motion for rehearing and motion for relief from judgment. Appellants’ Notice of Interlocutory Appeal shall be treated as a Notice of Appeal.

*802 WENTWORTH and JOANOS, JJ., and WOODIE A. LILES (Ret.), Associate Judge, concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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