Harris v. Ferne L. Graves Trust, et al.

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 2005 WILLIAM J. HARRIS, untimely, depriving this court of jurisdiction. Accordingly, we dismiss this appeal. Appellant, DISMISSED. v. FERNE L. GRAVES TRUST, FIRST BANK & TRUST COMPANY OF BOCA RATON, N.A., Et. Al., Appellees. CASE NO. 4D04-4256 Opinion filed January 19, 2005 Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Karen L. Martin, Judge; L.T. Case No. 1792CP-001762. William J. Harris, Palm City, Pro Se. John H. Pelzer and Brigid F. Cech of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for Appellee-Ferne L. Graves Trust, First Bank & Trust., Etc. On Motion to Dismiss PER CURIAM. Appellant, William J. Harris, appeals the September 15, 2004 order of the trial court denying his motion to reopen his case on grounds of fraud. This motion was brought pursuant to Florida Rule of Civil Procedure 1.540. Rather than immediately appeal that denial, Harris moved for reconsideration. This motion to reconsider was unauthorized and did not toll the time for appeal. See Frantz v. Moore, 772 So. 2d 581 (Fla. 1st DCA 2000); Intercoastal Marine Towers v. Suburban Bank, 506 So. 2d 1177 (Fla. 4th DCA 1987). His October 22, 2004 notice of appeal is therefore STEVENSON, GROSS and TAYLOR, JJ., concur. NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.

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