Biehle v. Biehle

In this pending child custody proceeding, petitioner Brian Biehle seeks certiorari review of the trial court’s order abating proceedings. We summarily dismiss his petition for writ of certiorari sua sponte as untimely because he relied upon an unauthorized motion for rehearing.

The trial court’s abatement order in the instant case is plainly interlocutory. The problem for Mr. Biehle is that he filed an unauthorized motion for rehearing, which does not toll the time for seeking appellate review of an interlocutory order. See, e.g., Vliegenthart v. Grover, 575 So.2d 781 (Fla. 5th DCA 1991)…