Simpson v. Tarmac America, LLC

ON MOTION TO DISMISS'

LAGOA, J.

Appellee, Tarmac America, LLC (“Tarmac”), moves to dismiss this appeal for lack of jurisdiction because the notice of appeal was not filed within thirty days of the final judgment. For the reasons set forth below, we deny the motion to dismiss.

*88I. FACTUAL AND PROCEDURAL HISTORY

On June 28, 2012, the trial court granted summary judgment in favor of Tarmac. On July 6, 2012, appellant, Kevin Charles Simpson (“Simpson”), filed a motion for rehearing. That same evening, the trial court entered final summary judgment in favor of Tarmac. The motion for rehearing was…