Tyrone L. Smith vs Santa Rosa C.I.

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D22-0438 _____________________________ TYRONE L. SMITH, Appellant, v. SANTA ROSA C.I., Appellee. _____________________________ On appeal from the Circuit Court for Santa Rosa County. Darlene F. Dickey, Judge. November 2, 2022 PER CURIAM. This appeal is of an order denying a motion for relief from judgment. The motion, which asserted fraud, was filed more than a year after rendition of the judgment, so it was untimely. See Fla. R. Civ. P. 1.540(b). For us to consider an appeal from a denial of such a motion, the motion for relief from judgment must be both authorized and timely. See Fla. R. App. P. 9.130(a)(5). DISMISSED. All pending motions denied as moot. RAY, KELSEY, and TANENBAUM, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Tyrone L. Smith, pro se, Appellant. Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, Tallahassee, for Appellee. 2

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