Molly Dorsey v. Lorenzo Hearns and Robert Salters

Summary

The Sixth District Court of Appeal of Florida dismissed the appeal for lack of jurisdiction because the appellant filed the notice of appeal after the deadlines for challenging the final and nonfinal orders. The court also explained that untimely or unauthorized rehearing and relief-from-judgment motions did not toll the applicable appeal periods.

Holdings

1. A notice of appeal from a final order must be filed within 30 days of rendition, and Dorsey's February 12, 2025 notice was untimely as to the December 6, 2024 amended orders.
2. When no timely appeal is taken from a final order, the appellate court lacks jurisdiction to review nonfinal orders that preceded the final orders.
3. An order denying a motion for rehearing of an interlocutory order is not appealable.
4. A motion for rehearing tolls the time for appeal only if it is authorized and timely; Dorsey's January 13, 2025 motion to set aside was not filed within 15 days of the December 6, 2024 final orders and therefore did not toll the appeal deadline.
5. The Florida Rules of Civil Procedure did not apply to the proceeding because it was not an adversary proceeding under Florida Probate Rule 5.025.

Questions Presented

1. Whether the appeal was timely as to the December 6, 2024 final probate orders.
2. Whether the court had jurisdiction to review earlier nonfinal orders when no timely appeal was taken from a final order.
3. Whether an order denying rehearing of a nonfinal order is appealable.
4. Whether Dorsey's motions to set aside or for rehearing tolled the deadline to appeal the final probate orders or the November 8, 2024 order.
5. Whether the Florida Rules of Civil Procedure, including Rule 1.540 and Rule 1.530, applied to the probate proceeding.

Disposition

dismissed