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PENNINGTON v. WALDHEIM

No. 95-3251.

695 So.2d 1269 (1997)

Edward PENNINGTON, III, Appellant, v. Eddie C. WALDHEIM, Jr., M.D., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

June 20, 1997.

Attorney(s) appearing for the Case

Sharon Lee Stedman of Sharon Lee Stedman, P.A., Orlando, for Appellant.

David A. Corso of Fisher, Rushmer, Werrenrath, Wack & Dickson, P.A., Orlando, for Appellee Eddie C. Waldheim Jr., M.D.

Howard R. Marsee and Christopher C. Curry of Hannah, Marsee & Voght, Orlando, for Appellees S. Marcus Hopkins, M.D., S. Marcus Hopkins, M.D., P.A., and Fredric C. Wurtzel, M.D., P.A.

Ronald L. Harrop of Gurney & Handley, P.A., Orlando, for Appellees William Story, M.D., and Central Florida Cardiology Group, P.A.

PETERSON, Chief Judge.

The trial court entered final summary judgments in favor of the appellees/defendants on August 11, 1995. The plaintiff/appellant timely filed a motion for rehearing on August 21, 1995, but never served the motion on opposing counsel. Florida Rule of Civil Procedure 1.530(b) provides:

(b) A motion for new trial or for rehearing shall be served not later than ten days after the return of the verdict in a jury action...

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