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COLIN v. STATE, DEPARTMENT OF TRANSPORTATION

No. 82-313.

423 So.2d 1020 (1982)

Martin H. COLIN, As Personal Representative of the Estate of Angela Kae Lottes, Deceased, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION and David Hunter Smith, Appellees.

District Court of Appeal of Florida, Fourth District.

December 29, 1982.

Attorney(s) appearing for the Case

Richard A. Kupfer of Cone, Wagner, Nugent, Johnson, Hazouri & Roth, West Palm Beach, for appellant.

John H. Beck, Gen. Counsel and Margaret Ray Kemper, Tallahassee, for appellee Dept. of Transp.

HERSEY, Judge.

The instant appeal is brought from an order dismissing plaintiff/appellant's complaint on the basis of improper venue. The order, on its face, is a non-final order concerning venue and subject to interlocutory appeal pursuant to Rule 9.130(a)(3)(A), Florida Rules of Appellate Procedure. Since it is a non-final order, plaintiff's petition for rehearing, although timely, was not authorized and therefore did not operate to toll the thirty day period for...

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