[DOWNLOAD] "Julian Dominguez v. Maurice S. Barakat" by Third District Court of Appeal of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Julian Dominguez v. Maurice S. Barakat
- Author : Third District Court of Appeal of Florida
- Release Date : January 24, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
SCHWARTZ, Chief Judge. The appeal is dismissed as untimely because the rendition of the final judgment, which was filed on May 24, 1991, was not
postponed under Fla.R.App.P. 9.020(g) by the appellees' motion for rehearing. This is true, in turn, because that motion was
untimely served eleven days later, on June 4, 1991, beyond the ten-day limitation provided by Fla.R.Civ.P. 1.530(b). Contrary
to the appellants' position, the time for service was not extended by the five days provided by Fla.R.Civ.P. 1.090(e) because
the final judgment was mailed to counsel. As the rule specifically states, it applies only when there is "a prescribed period
after . . . service. . . and the notice or paper is served . . . by mail." [e.s.] Fla.R.App.P. 1.090 (e). In contrast, the
ten-day service requirement of Fla.R.Civ.P. 1.530(b) runs from "the filing of the judgment." [e.s.] See Grabarnick v. Florida
Homeowners Ass'n, 419 So.2d 1065 (Fla. 1982);1{/Cite} D'Best Laundromat, Inc., v. Janis, 508 So.2d 1325 (Fla. 3d DCA 1987);
Wilson v. Clark, 414 So.2d 526 (Fla. 1st DCA 1982); see also Shields v. Colonial Penn Ins. Co., 513 So.2d 1363 (Fla. 5th DCA
1987); Bouchard v. State Dep't of Business Regulation, 448 So.2d 1126 (Fla. 2d DCA 1984).