Opinion
Case No. 1D02-5265.
Opinion filed June 2, 2003.
An appeal from the Circuit Court for Nassau County. Alban E. Brooke, Judge.
Alexa Alvarez of Alvarez Page, Fernandina Beach; J. Garfield Hurt, Jacksonville, for Appellant.
Mark H. Mahon, Jacksonville, for Appellee.
Upon consideration of the appellee's "Response to Appellant's Response to Order to Show Cause," which the Court treats as a motion to dismiss, the Court has determined that the motion for rehearing below was not authorized.See Wagner v. Bieley, Wagner Assocs., Inc., 263 So.2d 1 (Fla. 1972). Consequently, the motion did not delay rendition of the order on appeal and the notice of appeal was not timely filed. Accordingly, the appellee's motion to dismiss is hereby granted and the appeal is dismissed as untimely.
The Court directed the appellant to show cause why the motion should not be granted and the appeal dismissed for lack of jurisdiction. However, the appellant has failed to respond.
DISMISSED.
ERVIN, KAHN and HAWKES, JJ., CONCUR.