Bak v. Bak

Summary

The Florida Fourth District Court of Appeal dismissed Itzhak Bak’s appeal as untimely. The court held that the thirty-day appeal period ran from rendition of the non-final status report order, and that a motion for reconsideration did not suspend rendition because rehearing is not authorized for non-final orders.

Holdings

1. A motion for rehearing does not suspend rendition of a nonfinal order because rehearing is not authorized for nonfinal orders.
2. The appeal had to be dismissed because Bak did not file his notice of appeal within thirty days after rendition of the status report order.

Questions Presented

1. Whether the appeal was timely when the notice of appeal was filed more than thirty days after rendition of the nonfinal status report order.
2. Whether a motion for rehearing or reconsideration suspended rendition of the nonfinal status report order and extended the time for appeal.

Disposition

dismissed