Hemmerle v. General Motors Acceptance Corp.

ORDER DETERMINING TIMELINESS OF APPEAL

While considering a motion to dismiss an appeal from an order awarding attorney’s fees, we asked the appellant to show cause why the appeal from final judgment should not be dismissed since his motion for new trial was not served within ten days of the directed verdict. If the motion for new trial was not timely served, it would not toll the time for taking the appeal, and we would not have jurisdiction. Casto v. Casto, 404 So.2d 1046 (Fla.1981).

Florida Rule of Civil Procedure 1.530(b) provides that a motion for new trial shall be “served not later than…