Legal Opinion

Pennington v. Waldheim

District Court of Appeal of Florida

Decided June 20, 1997No. 95-3251PublishedCited by 2 opinions

1Opinion of the Court

PETERSON, Chief Judge.

The trial court entered final summary judgments in favor of the appellees/defen-dants on August 11, 1995. The plaintiff/appellant timely filed a motion for rehearing on August 21,1995, but never served the motion on opposing counsel. Florida Rule of Civil Procedure 1.580(b) provides:(b) A motion for new trial or for rehearing shall be served not later than ten days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action.

(Emphasis added). Florida Rule of Appellate Procedure 9.020(g) provides in part:(g) If a final order…

2Cases cited4 opinions

  1. Behm v. Division of Administration, Dept. of Transp.Supreme Court of Florida · 1974
  2. Church v. StricklandDistrict Court of Appeal of Florida · 1980
  3. Pennington v. WaldheimDistrict Court of Appeal of Florida · 1996
  4. LATIN AM. PROP. AND CAS. INS. CO. v. Italian Palace, Inc.District Court of Appeal of Florida · 1992

3Cited by2 opinions

  1. Martini v. YoungDistrict Court of Appeal of Florida · 2005
  2. Valls Management Group, Inc. v. City of HialeahDistrict Court of Appeal of Florida · 2002

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