Legal Question in Appeals and Writs in Florida

Appeal

Motion for summary judgment was granted on June 2nd and motion for relief and to vacate summary judgement was denied on July 14th the motion was denied by an order.

The time to appeal summary judgment has expired, can an appeal be made successfully based upon the order dated July 14th denying the motion for relief from summary judgment or the appellate time started at the summary judgment order leaving an appeal impossible?


Asked on 8/19/08, 2:04 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Appeal

Usually a motion like what you seem to describe tolls the time to appeal. But, it looks like it has been more than 30 days since that motion was denied.

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Answered on 8/19/08, 4:19 pm
Robert Garven Robert Garven, Esq.

Re: Appeal

Yes, it is possible to appeal an ordere that denies a motion for relief, even if the time for appealing a summary judgment has elapsed. Speed is essential.

Please feel free to contact me.

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Answered on 8/19/08, 7:40 pm


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