Legal Opinion

Bell v. Broward County Personnel Review Board/Agent Rosenberg

District Court of Appeal of Florida

Decided March 12, 1997No. 96-1259Published

1Per curiam

We have for review an order of the trial court denying a motion styled as one seeking relief pursuant to Florida Rule of Civil Procedure 1.540(b). Because we are without jurisdiction, we dismiss the appeal.

Florida Rule of Civil Procedure 1.540(b) only permits a party to seek relief from a “final judgment, decree, order or proceed-ing_” Fla. R. Civ. P. 1.540(b). The motion filed by the appellant sought relief from an order “denying without prejudice” Bek’s motion for final judgment. As such an order is not final, relief could neither have been sought nor granted pursuant to rule 1.540(b).…

2Cases cited3 opinions

  1. Nolan's Towing and Recovery v. Marino Trucking, Inc.District Court of Appeal of Florida · 1991
  2. HI-TECH MARKETING GROUP v. ThiemDistrict Court of Appeal of Florida · 1995
  3. Piper Aircraft Co. v. WhyhamDistrict Court of Appeal of Florida · 1984

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