Third District Court of Appeal
State of Florida
Opinion filed June 24, 2015.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-3056
Lower Tribunal No. 08-1317
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Roman Ricardo,
Appellant,
vs.
Wells Fargo Bank National Association, etc.,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Jorge E. Cueto, Judge.
Scott S. Levine (Weston), for appellant.
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, and Diana B.
Matson (Fort Lauderdale), for appellee.
Before LAGOA, SALTER, and FERNANDEZ, JJ.
PER CURIAM.
Appellant, Roman Ricardo (“Ricardo”), appeals the trial court’s order
denying rehearing of an order denying Ricardo’s motion to vacate a final judgment
filed pursuant to Florida Rule of Civil Procedure 1.540(b) in a foreclosure case.
The Appellee moves to dismiss the appeal. Because an order on a motion for
rehearing is not independently appealable pursuant to Florida Rule of Appellate
Procedure 9.130(a)(4), we grant Appellee’s Motion to Dismiss for lack of
jurisdiction. See Christ v. Christ,
103 So. 3d 1056, 1057 (Fla. 1st DCA 2013)
(“[T]he order denying rehearing is not independently reviewable.”) (citing Fla. R.
App. P. 9.130(a)(4), and Grant v. Jones,
933 So. 2d 32 (Fla. 1st DCA 2006));
accord Bastida v. Vitaver,
590 So. 2d 1092, 1092-93 (Fla. 3d DCA 1991)
(dismissing appeal of order denying rehearing because it was “plainly a non-final
order which is not appealable under Fla. R. App. P. 9.130(a), as authorized by
Article V, Section 4(b)(1) of the Florida Constitution.”).
Dismissed.
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