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STATE FARM FLORIDA INSURANCE COMPANY v. MANCUSI (2021)

District Court of Appeal of Florida, Third District.2021-11-03No. No. 3D21-1740

Authorities cited

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Opinion

This appeal is dismissed for lack of jurisdiction because it untimely attempts to seek review of an order denying a motion to vacate a prior interlocutory order. A motion to reconsider an interlocutory order, while within the inherent power of the trial court, is not formally authorized and does not toll or revive the 30-day time limit for petitioning for certiorari. Caufield v. Cantele, 837 So. 2d 371, 376 n.3 (Fla. 2002) (“Only authorized motions for rehearing will delay the rendition of the trial courts order, and, in turn, toll the time for filing a petition for certiorari. Because motions for rehearing are not authorized as to nonfinal orders, they can not delay the rendering of a nonfinal order. Consequently, a motion for rehearing of a nonfinal order will not toll the time for filing a petition for certiorari.” (citations omitted)); Weiss v. Utzet, 147 So. 3d 1007, 1007 (Fla. 3d DCA 2014) (same).

Petition dismissed.

PER CURIAM.