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OWENS v. JACKSON

No. BG-180.

476 So.2d 264 (1985)

Clarence B. OWENS, As Duly Appointed and Acting Personal Representative of the Estate of Maxine Owens, Deceased, Appellant, v. Royce V. JACKSON, M.D., and Tallahassee Memorial Regional Medical Center, Appellees.

District Court of Appeal of Florida, First District.

September 27, 1985.

Attorney(s) appearing for the Case

Terry P. Lewis and George H. Gwynn of Oven, Gwynn & Lewis, Tallahassee, for appellant.

Edgar C. Booth and John D. Buchanan, Jr., Tallahassee, for appellees.

ON MOTION TO DISMISS

BARFIELD, Judge.

The issue before the court on appellees' motion to dismiss the appeal is whether a motion for reconsideration of an order granting a new trial, absent fraud or clerical error, is an authorized motion tolling the time for filing a notice of appeal pursuant to Fla.R.App.P. 9.020(g). We hold that it is not such an authorized motion, and consequently, the time for filing the notice of appeal was not tolled.

The Florida...

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