Smith v. Santa Rosa C.I.

Full title: Tyrone L. Smith, Appellant, v. Santa Rosa C.I., Appellee.

Court: Florida Court of Appeals, First District

Date published: Nov 2, 2022

No. 1D22-0438 (Fla. Dist. Ct. App. Nov. 2, 2022)

Opinion

1D22-0438

11-02-2022

Tyrone L. Smith, Appellant, v. Santa Rosa C.I., Appellee.

Tyrone L. Smith, pro se, Appellant. Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Santa Rosa County. Darlene F. Dickey, Judge.

Tyrone L. Smith, pro se, Appellant.

Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM

This appeal is of an order denying a motion for relief from judgment. The motion, which asserted fraud, was filed more than a year after rendition of the judgment, so it was untimely. See Fla. R. Civ. P. 1.540(b). For us to consider an appeal from a denial of such a motion, the motion for relief from judgment must be both authorized and timely. See Fla. R. App. P. 9.130(a)(5).

DISMISSED. All pending motions denied as moot.

RAY, KELSEY, and TANENBAUM, JJ., concur.