Wagner v. Bieley, Wagner & Associates, Inc.

Summary

The Supreme Court of Florida held that a motion for rehearing directed to an interlocutory order denying summary judgment was not authorized by the applicable rules. Because the motion was unauthorized, it did not toll the time for filing an interlocutory appeal, making the respondent’s appeal untimely. The court quashed the District Court of Appeal’s order and remanded with instructions to quash the appeal.

Holdings

1. Florida Rule of Civil Procedure 1.530 does not authorize a motion for rehearing directed to an interlocutory order denying summary judgment; the rule permits rehearing of matters heard without a jury, including summary judgments, but applies to judgments rather than interlocutory orders.
2. Only a timely and proper motion or petition permitted by the rules suspends rendition and tolls the time for seeking appellate review; an unauthorized motion for rehearing has no effect on rendition or on the deadline for filing notice of interlocutory appeal.
3. The Third District Court of Appeal erred by denying the motion to quash; the interlocutory appeal was untimely and had to be quashed.

Questions Presented

1. Whether Florida Rule of Civil Procedure 1.530 authorizes a motion for rehearing directed to an interlocutory order denying summary judgment.
2. Whether an unauthorized motion for rehearing suspends rendition of the interlocutory order or tolls the 30-day period for filing notice of interlocutory appeal under Florida Rules of Appellate Procedure 1.3 and 4.2(b).
3. Whether the Third District Court of Appeal erred in denying the motion to quash the untimely interlocutory appeal.

Disposition

quashed