THOMAS E. RIDDELL, v. BLACK CREEK CUSTOM HOMES, INC.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA THOMAS E. RIDDELL, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D13-1251 BLACK CREEK CUSTOM HOMES, INC., Appellee. _______________________________/ Opinion filed November 15, 2013. An appeal from the Circuit Court for Clay County. John H. Skinner, Judge. Thomas E. Riddell, pro se, Appellant. Garry D. Adel of Blanchard, Merriam, Adel & Kirkland, P.A., Ocala, for Appellee. PER CURIAM. Appellant, Thomas E. Riddell, appeals an order of the trial court that construed his motion for relief from judgment as a motion for rehearing and dismissed the motion as untimely. The content of the motion shows it to be a motion for relief from judgment. We reverse and remand for the trial court to reconsider the motion pursuant to Florida Rule of Civil Procedure 1.540(b). REVERSED and REMANDED for further proceedings. BENTON, PADOVANO, and RAY, JJ., CONCUR. 2

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