Legal Opinion

Graham v. Richardson

Circuit Court for the Judicial Circuits of Florida

Decided October 3, 1991No. Case No. AP-90-10962-AYPublished

1Opinion of the Court

OPINION OF THE COURT

FINE, Judge.

This is an appeal from an order denying a motion for rehearing/ reconsideration of a post judgment order denying a motion to dismiss for lack of subject matter jurisdiction. In short, it is an appeal of a denial of a rehearing.

*23Rehearings and reconsiderations of orders are discretionary and thus are not appealable. E.g., Niesz v R.P. Morgan Building Co., Inc., 401 So. 2d 822 (Fla. 5 DCA 1981).

Denials of rehearings of post judgment orders denying relief against the final judgment are not final orders. Reilly v Hyster Company, 307 So. 2d 202 (Fla. 4 DCA 1975). Nor…

2Cases cited6 opinions

  1. Shields v. FlinnDistrict Court of Appeal of Florida · 1988
  2. Smith v. WeedeDistrict Court of Appeal of Florida · 1983
  3. Niesz v. RP MORGAN BUILDING, CO., INC.District Court of Appeal of Florida · 1981
  4. Waiswilos v. FeacherDistrict Court of Appeal of Florida · 1979
  5. Reilly v. Hyster Co.District Court of Appeal of Florida · 1975

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