Non-final order generally = no tolling

FLORIDA LAW WEEKLY

VOLUME 50, NUMBER 4

JANUARY 31, 2025

A MOTION FOR REHEARING ON A VENUE ORDER DOES NOT TOLL THE TIME FOR APPEAL

Paul v. Dixon, 50 Fla. L. Weekly D251 (Fla. 1st DCA Jan. 23, 2025):

The appeal arose from a non-final order where the trial court transferred venue. The plaintiff filed a motion for rehearing, which the court had to treat as a motion for reconsideration under Fla. R. App. P. 9.130(a)(3)(A).

A motion for reconsideration, however, does not toll rendition of a non-final order pursuant to Florida Rule of Appellate Procedure 9.020(h).

Because the plaintiff waited for resolution of the motion for rehearing/reconsideration, the thirty days to file the notice of non-final appeal ran, and the plaintiff’s appeal was untimely.

ANOTHER COURT AFFIRMS A TRIAL COURT DENYING A MOTION TO AMEND TO ADD A CLAIM FOR PUNITIVE DAMAGES

Conway Trade Logistics, LLC v. Curate, 50 Fla. L. Weekly D244 (Fla. 3d DCA Jan. 22, 2025):

Because the plaintiff failed to make a reasonable showing of a reasonable basis for recovery of punitive damages under section 768.72(1), yet another appellate court found that the trial court properly performed its gatekeeping function in denying a motion to amend to add a claim for punitive damages (the case does not discuss the facts).

The court reminded us that it is up to the trial court to weigh both parties’ showings when considering whether the evidence or proffer is sufficient to establish a reasonable evidentiary basis for recovery of punitive damages.