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468 So. 2d 241

468 So.2d 241

10 Fla.L.Weekly 124

Irwin v. Walker

District Court of Appeal of Florida

Decided December 31, 1984

District Court of Appeal of Florida · decided 1984-12-31

Relies on 419 So. 2d 1192 - Potucek v. Smeja · 433 So. 2d 992 - Smith v. Weede

Good law ✅— No negative treatment on recordhow we know

Decided 1984-12-31

How this case has been cited

Cited by 4 later decisions — most recently February 2016

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SCHOONOVER, Judge.

¶1The petitioner, Michael T. Irwin, seeks a writ of prohibition preventing the respondent from setting aside an order denying a motion to vacate. We grant the relief requested.

¶2On June 10, 1983, the trial court entered a final judgment dissolving the marriage of the petitioner, Michael T. Irwin and his wife, Eugina D. Irwin. No appeal was taken from this final judgment.

¶3Several months later, Mrs. Irwin filed a motion to set aside the final judgment pursuant to Florida Rule of Civil Procedure 1.540(b). On June 10, 1984, the respondent, David Seth Walker, Circuit Judge, in and for Pinellas County, Florida, entered an order denying the motion. No appeal was taken from that order, but five days later *242the wife filed a motion for rehearing. By letter dated October 16, 1984, the respondent expressed his intention to vacate and set aside the denial of the wife’s motion to vacate.

¶4The petitioner contends that once the respondent entered an order denying the motion to vacate, he did not have jurisdiction to consider a motion for rehearing. We agree.

¶5A motion for rehearing under Florida Rule of Civil Procedure 1.580 may only be filed after the entry of a final order or judgment. Potucek v. Smeja, 419 So.2d 1192 (Fla. 2d DCA 1982); Smith v. Weede, 433 So.2d 992 (Fla. 5th DCA 1983). Since an order denying a motion to vacate entered pursuant to rule 1.540(b) is a nonfinal order, the respondent was without jurisdiction to consider the motion for rehearing. Fla.R.App.P. 9.130; Potucek.

¶6Petition for writ of prohibition granted.

GRIMES, A.C.J., and CAMPBELL, J., concur.
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