# Grice v. Board of County Commissioners

> District Court of Appeal of Florida · June 22, 1981 · 400 So. 2d 801

URL: https://www.frixlaw.com/law-library/cases/7511279

## Case

- **Full name:** Thomas G. GRICE and Lilia Grice, Personal Representative of the Estate of Debbie Diane Grice v. BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** June 22, 1981
- **Citations:** 400 So. 2d 801; 1981 Fla. App. LEXIS 20300
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Joanos, Liles, Ret, Wentworth
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7511279

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7511279. Public record. Not legal advice.