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Silver Shells v. Dale

District Court of Appeal of Florida, First District
May 9, 2001
783 So. 2d 1224 (Fla. Dist. Ct. App. 2001)

Opinion

No. 1D01-0008.

Opinion filed May 9, 2001.

An appeal from the Circuit Court for Okaloosa County. Thomas T. Remington, Judge.

Daniel C. O'Rourke of Matthews Hawkins, Destin, and Dana C. Matthews, Destin, for Appellant.

Kevin M. Helmich of Conerly Helmich, Destin, for Appellee.


Having considered the appellant's response to this Court's show cause order dated March 20, 2001, we dismiss the appeal as untimely filed, as the unauthorized motion for rehearing did not toll the time for filing the notice of appeal from the nonfinal order of August 30, 2000, and the amended notice of appeal was filed more than 30 days after rendition of the nonfinal order of November 17, 2000. This dismissal is without prejudice to the appellant's right to seek relief in the lower tribunal in accordance with Florida Rule of Civil Procedure 1.540(b). See Peterson v. West Fla. Community Care Center, 773 So.2d 660 (Fla. 1st DCA 2000); Snelson v. Snelson, 440 So.2d 447 (Fla. 5th DCA 1983).

ERVIN, BOOTH, and ALLEN, JJ., Concur.


Summaries of

Silver Shells v. Dale

District Court of Appeal of Florida, First District
May 9, 2001
783 So. 2d 1224 (Fla. Dist. Ct. App. 2001)
Case details for

Silver Shells v. Dale

Case Details

Full title:SILVER SHELLS CORPORATION, Appellant, v. STEVEN M. DALE Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 9, 2001

Citations

783 So. 2d 1224 (Fla. Dist. Ct. App. 2001)