Florida District Courts of Appeal, 1987

Adventist Health System/Sunbelt Inc. v. Kiss

Florida District Courts of Appeal · Decided July 2, 1987 · Dauksch, Orfinger, Upchurch

510 So. 2d 971; 12 Fla. L. Weekly 1618; 1987 Fla. App. LEXIS 9151 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Tyler v. State, Governor Chiles (Fla. Dist. Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ON MOTION TO DISMISS

ORFINGER, Judge.

Appellees’ motion to dismiss the appeal is granted. Appellant’s “motion for clarification” of the final order merely asked the trial court to specify the precise grounds on which the final order of dismissal was based. This motion is not a motion for rehearing nor is it tantamount to a motion to alter or amend the final judgment, as appellant argues. Neither does it qualify as any of the other motions which delay rendition of a final order: Fla.R.App.P. 9.020(g). Because the “motion for clarification” did not delay rendition, and because the notice of appeal was not filed within 30 days after the final order of dismissal was rendered, the notice of appeal is untimely and this court lacks jurisdiction over the appeal.

APPEAL DISMISSED.

UPCHURCH, C.J., and DAUKSCH, J., concur.

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