McGrath v. Martin Jr.

ON MOTION FOR REHEARING

SUAREZ, C.J.

John McGrath moves for rehearing of this Court’s October, 2016 Order which denied Appellant’s motion to file an amended notice of appeal and extension of time and granted Appellee’s motion to dismiss the appeal. For the reasons stated below we grant the Appellant’s motion for rehearing and we withdraw the prior order and issue the following corrected order.

We find the Motion for Rehearing filed in the trial court tolled the time to file the present appeal of the trial court’s dismissal for lack of prosecution. We deny Appellee’s Motion to Dismiss the Appeal.…