NICKEL GOESEKE, et al., vs ARCH SPECIALTY INSURANCE COMPANY, et al.,

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Third District Court of Appeal State of Florida Opinion filed August 26, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-1060 Lower Tribunal No. 17-12099 ________________ Nickel Goeseke, et al., Appellants, vs. Arch Specialty Insurance Company, et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Jorge E. Cueto, Judge. Alvarez, Feltman, Da Silva & Costa, PL, and Paul B. Feltman, for appellants. Butler Weihmuller Katz Craig LLP, and Anthony J. Russo, Christopher M. Ramey, Mihaela Cabulea and Adam M. Topel (Tampa), for appellee Arch Specialty Insurance Company. Before EMAS, C.J., and SALTER and GORDO, JJ. PER CURIAM. We dismiss for lack of jurisdiction Nickel Goeseke’s appeal of the trial court’s final order of dismissal and to compel appraisal, which was issued on October 18, 2017, and rendered following the denial of rehearing on December 13, 2017. See Fla. R. App. P. 9.110(b) (“Jurisdiction of the court under this rule shall be invoked by filing a notice, accompanied by any filing fees prescribed by law, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.”); Fla. Organic Aquaculture, LLC v. Advent Envtl. Sys., LLC, 268 So. 3d 910, 913 (Fla. 5th DCA 2019) (“[T]he entry of an order denying a motion for rehearing divests a trial court of jurisdiction to conduct further proceedings, including hearing and ruling on a second motion for rehearing.”); Pennywell v. Dep’t of Revenue ex rel. Woodard, 62 So. 3d 19, 20 (Fla. 1st DCA 2011) (“The second motion for rehearing . . . did not further delay rendition of the final judgment.” (citing Fla. R. App. P. 9.020(h)(1))). Dismissed. 2

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