Talley v. Canal Indemnity Co.

I write separately only because there are conflicting decisions in this district as to whether an order denying a motion under Rule 1.540, Florida Rule of Civil Procedure, is a final order subject to a motion for *1089rehearing under Rule 1.530. We have concluded that a motion for rehearing was not authorized, and therefore this appeal was not timely filed.

In Potucek v. Smeja, 419 So.2d 1192 (Fla. 2d DCA 1982), it was held that orders entered under Rule 1.540(b) are not subject to rehearing under Rule 1.530. The second district relied on Florida Rule of Appellate Procedure 9.130 which specifies…