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Word to the Wise: File Your Notice of Appeal TIMELY

Here is a recent case that is really more about a word to the wise. “[A] motion for rehearing directed to a non-final order…is not authorized under the rules and does not toll the time for filing the notice of appeal.” Omni Healthcare, Inc. v. North Brevard County Hospital District, 48 Fla. L. Weekly D257b (Fla. 5th DCA 2023).  This means filing a motion for rehearing based on a non-final order does NOT toll the time for you the timely preserve your appellate rights by filing a notice of appeal.

This case involved a commercial eviction dispute where the commercial tenant deposited rent into the court’s registry pending the outcome of the dispute.  After an emergency hearing, the trial court ordered money disbursed from the registry to the commercial landlord to help the landlord pay ongoing expenses.  “[A]n order authorizing the disbursement of monies from the court registry is a nonfinal order reviewable under Florida Rule of Appellate Prcodedure 9.130(a)(c)(C) (ii).”  Omni Healthcare, supra.  Instead of timely filing a notice of appeal, the tenant filed a motion for rehearing of the nonfinal order that authorized the disbursement of rent from the court’s registry to the landlord.  The tenant then filed its notice of appeal believing its clock started after the trial court denied is motion for rehearing. Ooops!  “Because the notice of appeal in the instant case was filed more than thirty date from the date of the disbursement order, we do not have jurisdiction to review this matter.”  Omni Healthcare, supra.

This means the appeal was not timely filed.   Hence, word to the wise: file your notice of appeal timely!


Please contact David Adelstein at [email protected] or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.


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