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NESSLEIN v. NESSLEIN

No. 95-2687.

672 So.2d 582 (1996)

Brem C. NESSLEIN, Appellant, v. David C. NESSLEIN, Appellee.

District Court of Appeal of Florida, Third District.

April 17, 1996.

Attorney(s) appearing for the Case

Burkich & Burkich and Amy L. Burkich, Coral Gables, for appellant.

Zack, Sparber, Kosnitzky, Truxton, Spratt & Brooks and Stephen N. Zack and H. Stephen Rash and Orion G. Callison, III, Miami, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.

PER CURIAM.

Brem Nesslein appeals from a final order of the trial court dismissing her motion for rehearing and/or reconsideration as being untimely served under Florida Rule of Civil Procedure 1.530(b) because the envelope which contained opposing counsel's copy of the motion was postmarked several days after the time for rehearing. We reverse. Ms. Nesslein's motion was timely served, as was evidenced by the certificate of service on the motion itself. The certificate...

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