[RPPTL Leasing Committee] Residential Leasing case

[Christopher A. Sajdera]

Please see the following from James Glove:

The Third District Court of Appeals recent ruling in Fisher v. Housing Authority of Key West deals with the text of F.S. 51.011 governing the rules of summary procedure.

The applicable statute, F.S. 51.011(4-5), states:
[cid:image001.png at 01DC652B.38DBA4B0]

The statute does not address motions for rehearing under FRCP 1.530, which are normally required to be filed within 15 days to toll appellate jurisdiction under Florida Rule of Appellate Procedure 9.020(h)(1). However, the Fisher opinion judicially expands F.S. 51.011(4) to include Motions for Rehearing. Rehearing is now required to be filed within 5 days from the date of judgment, or the rehearing is untimely and will not toll the jurisdictional deadline for the notice of appeal.

The 30 day jurisdictional timeline for the notice of appeal still applies even if rehearing is not timely filed. Practically speaking, if the motion for rehearing is not filed by day 5, the only remaining option is to appeal before day 30 deadline.


Christopher A. Sajdera, Esquire
Board Certified Specialist, Condominium and Planned Development Law

Sajdera, PA

Palm Beach Office:
200 East Palmetto Park Road, Suite 103
Boca Raton, Florida 33432
Direct: 561-910-3082
Phone: 561-948-4000
Facsimile: 561-948-6052

Broward Office:
BY APPOINTMENT ONLY
Phone: 954-869-0980
Facsimile: 954-869-0981

Email: cas at saj-law.com

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