Trevor Hawes and Blake Cole of Cole, Scott & Kissane’s Jacksonville office obtained a Dismissal of Plaintiff Petition for Writ of Certiorari in the matter of Alida Benson v. Power Service Concepts, Inc. and James Miley.
Defendants argued in their Answer Brief, among other things, that the Fifth District Court of Appeal lacked jurisdiction as a result of Plaintiff’s untimely Petition. Defendants argued that Motions for Reconsideration and Motions for Rehearing of non-final orders are not authorized by the Florida Rules of Civil Procedure and, therefore, did not toll the thirty day time period for Plaintiff to file her Petition for Writ of Certiorari. Defendants emphasized that the time constraints for appealing a non-final order are strict and plainly stated in the applicable rules.
The Fifth District agreed and Plaintiff/Petitioner’s Petition was dismissed.
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