Suntrust Bank, Inc. v. Hodges, 12 So.3d 1278 (Fla. 4th DCA July 22, 2009)

By Brian Willis on September 9, 2009 11:04 PM | | Comments (0) | TrackBacks (0)
In this trip and fall case, trial court ordered parties to non-binding arbitration.  Arbitrator ruled in favor of the Plaintiff.  Defendant did not move for trial de novo within 20 days of order and Plaintiff moved trial court for entry of final judgment pursuant to FRCP 1.820(h), which was granted by trial court.  

Defendant then moved for relief from Final Judgment pursuant to FRCP 1.540(b), claiming that there was excusable neglect due to attorney's failure to place reminder on firm's "tickler system."  Trial court found that this was not excusable neglect and denied Defendant's motion on July 16th.  Defendant moved for rehearing, which was denied.  Defendant filed notice of appeal on August 25th.

Appellate Court found it did not have jurisdiction as, pursuant to Rule 9.130(a)(5), motion for rehearing of motion for relief from judgment does not stay time to file for appeal.  





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About this Entry

This page contains a single entry by Brian Willis published on September 9, 2009 11:04 PM.

City of Tampa v. Ramiro Companioni, Jr., 34 Fla. L. Wkly D1777a (Fla. 2d DCA Aug. 28, 2009) was the previous entry in this blog.

De Armand l. Hull vs. The Lending House, Inc., 34 Fla. L. Wkly D1815b (Fla. 3d DCA Sept. 2, 2009) is the next entry in this blog.

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