Southern Atlantic Construction Corp. v. First Corp. Desoto County

OPINION ON REHEARING

ANSTEAD, Judge.

The court previously granted a motion to dismiss this appeal which alleged that the appeal was untimely because its timeliness was predicated on an untimely served motion for rehearing in the trial court. Florida Rule of Civil Procedure 1.530(b) provides that a motion for rehearing shall be served not later than ten days after entry of judgment in a non-jury action. The final summary judgment to which appellant’s motion for rehearing was directed was signed and filed on December 7, 1981. It is undisputed that appellant filed his motion for rehearing in the…