MIGLIORE v. MIGLIORE

Nos. 97-1521, 97-2880.

717 So.2d 1077 (1998)

Lenore MIGLIORE, Appellant, v. Paul MIGLIORE, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 15, 1998.


Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, for appellant.

A. Thomas Connick of A. Thomas Connick, P.A., Deerfield Beach, for appellee.


KLEIN, Judge.

What happened in this case is every trial lawyer's nightmare. Although appellant's trial counsel filed a motion for rehearing within ten days of rendition of a final judgment, a dispute arose as to whether he served the motion within ten days. The trial court found after an evidentiary hearing that the motion was not timely served, and because the service date, not the filing date, tolls the time for filing an appeal, this finding results...

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