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Deutsche Bank Nat'l Trust Co. v. Spicer

District Court of Appeal of Florida, Second District.
Sep 8, 2015
179 So. 3d 325 (Fla. Dist. Ct. App. 2015)

Opinion

No. 2D15–3415.

09-08-2015

DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellant/Petitioner(s), v. Loretta SPICER & James B. Spicer, Appellee/Respondent(s).


Opinion

BY ORDER OF THE COURT.

The magistrate's recommended order recommends that the defendants'/ appellees' motion to dismiss be granted. The order sought to be appealed is therefore a nonfinal order granting a motion to dismiss. Such an order is not appealable. Wahl v. Taylor, 926 So.2d 488, 489 (Fla. 2d DCA 2006). Furthermore, rendition of a nonfinal order is not tolled by a motion for rehearing. Richardson v. Watson, 611 So.2d 1254, 1255 (Fla. 2d DCA 1992). This appeal is therefore dismissed as untimely and as from a nonappealable nonfinal order.

CASANUEVA, SILBERMAN, and BADALAMENTI, JJ., Concur.


Summaries of

Deutsche Bank Nat'l Trust Co. v. Spicer

District Court of Appeal of Florida, Second District.
Sep 8, 2015
179 So. 3d 325 (Fla. Dist. Ct. App. 2015)
Case details for

Deutsche Bank Nat'l Trust Co. v. Spicer

Case Details

Full title:DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellant/Petitioner(s), v. Loretta…

Court:District Court of Appeal of Florida, Second District.

Date published: Sep 8, 2015

Citations

179 So. 3d 325 (Fla. Dist. Ct. App. 2015)
2015 WL 5837495