DENISE D. THOMAS v. MILDRED SMITH, BENNIE THOMAS, ELVIRA JACKSON, EVELYN JACKSON
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DENISE D. THOMAS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-2070 MILDRED SMITH, BENNIE THOMAS, ELVIRA JACKSON, EVELYN JACKSON, Appellees. ___________________________/ Opinion filed July 24, 2007. An appeal from the Circuit Court for Suwannee County. David W. Fina, Judge. Rodney K. McIntyre, Jacksonville; William S. Graessle of William S. Graessle & Assoc., Jacksonville, for Appellant. Conrad C. Bishop, Jr. of The Bishop Law Firm, Perry, and Michael S. Smith, Perry, for Appellees Bennie Thomas, Elvira Jackson and Evelyn Jackson. PER CURIAM. Upon consideration of the appellant s response to the Court s order of May 7, 2007, the Court has determined that the appeal is untimely. Although the lower tribunal granted the appellant s motion for extension of time within which to file the motion for rehearing, it was without authority to do so. Fla. R. Civ. P. 1.090(b). Consequently, the appellant s untimely motion for rehearing failed to delay rendition of the underlying order pursuant to Florida Rule of Appellate Procedure 9.020(h). As a result, the notice of appeal, which was filed more than 30 days after rendition of the final judgment, failed to timely invoke the Court s jurisdiction. Accordingly, the appeal is dismissed for lack of jurisdiction. BARFIELD, KAHN, and THOMAS, JJ., CONCUR. 2
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