Grice v. Board of County Commissioners

ON MOTION TO DISMISS APPELLANTS’ NOTICE OF INTERLOCUTORY APPEAL AS BEING UNTIMELY FILED

Having considered Appellee’s Motion to Dismiss Appellants’ Notice of Interlocutory Appeal as Being Untimely Filed and the responses thereto, the Court orders that the motion is denied. The Court finds that the July 1, 1980, order granting Appellee’s motion to dismiss and dismissing Appellants’ complaint for improper venue was a final order. See Schwertfeger v. Constant, 109 So.2d 173 (Fla. 2nd DCA 1959). Therefore, Appellants’ motion for rehearing and motion for relief from judgment tolled the time within…