Bennett v. Halper

Final judgment was entered on behalf of plaintiffs (appellees) on May 18, 1970. The court retained jurisdiction in order to enter a cost judgment for plaintiffs.

Defendant filed a motion for rehearing. Counsel for both parties were present when the trial court orally denied the motion for rehearing on July 20, 1970. The written order denying the motion for rehearing was entered July 22, and recorded July 24, 1970. No timely appeal was filed by the defendant. On September 3, 1970, defendant filed a motion for relief from the order denying the motion for rehearing under Rule 1.540(b) (1),…