Anthony v. Wasserman

ON MOTION TO DISMISS

FRANK, Judge.

The appellees have moved to dismiss this appeal on the ground that Florida Rule of Juvenile Procedure 8.820 requires an appeal from a final order in a custody proceeding to be filed within thirty days following the rendition of the order and that the appeal time is not tolled by a motion for rehearing. See In the Interest of E.P., 507 So.2d 705 (Fla. 2d DCA 1987).

The appellant contends that the notice of appeal was timely because the civil, not the juvenile rules apply, and consistent with rule 9.020(g) of the Florida Rules of Appellate Procedure, the notice…