E-Z Marine Supply, Inc. v. Wachovia Commercial Mortgage, Inc.

*730 ON MOTION FOR REHEARING

GROSS, J.

Appellants, E-Z Marine Supply, Inc., and Marvin J. Griesan, move for rehearing of our April 5, 2004 order dismissing this appeal as being untimely filed.

The appeal involves a non-final order entered on November 21, 2003; the notice of appeal was filed on March 3, 2004. Appellants argue that a motion for rehearing tolled the time for filing the notice of appeal. However, because the motion for rehearing was unauthorized, it did not toll the time for filing the notice of appeal.

This is a non-final appeal of an order compelling a commercial mortgagor to make…