Opinion
No. OO-410.
May 20, 1980.
Appeal from a Final Order; G. Robert Barron, Judge.
Dennis L. Salvagio, Orlando, for appellant.
George C. Cox, Fort Walton Beach, for appellee.
ON MOTION TO DISMISS
Appellee moves to dismiss this appeal as being untimely, as there is presently in the Circuit Court of Okaloosa County a Motion for Extension of Time to File for Rehearing and a Motion for Rehearing.
Final Judgment was entered by the trial court on July 2, 1979. Appellee filed a Motion for Extension of Time to file her rehearing on July 12, 1979. The notice of appeal was filed on July 13, 1979. Appellee filed a Motion for Rehearing on July 20, 1979.
Pursuant to Rule 1.530(b), Florida Rules of Civil Procedure, a motion for a new trial or rehearing shall be served not later than ten (10) days after the rendition of verdict in a jury action or the entry of judgment in a non-jury action. Under Rule 1.090(b)(2), Florida Rules of Civil Procedure, the court may not extend the time for making a motion for a new trial, motion for rehearing, or motion to alter or amend a judgment.
In the instant case, a Motion for Rehearing was not filed within ten (10) days and the trial court had no authority to extend time for filing such a motion.
Therefore, it is ordered that appellee's Motion to Dismiss the Appeal is Denied.
MILLS, C.J., and McCORD and BOOTH, JJ., concur.