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E-Z MARINE SUPPLY, INC. v. WACHOVIA COMMERCIAL MORTGAGE, INC.

No. 4D04-850.

875 So.2d 729 (2004)

E-Z MARINE SUPPLY, INC., a Florida corporation, and Marvin J. Griesan, Appellants, v. WACHOVIA COMMERCIAL MORTGAGE, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

June 9, 2004.

Attorney(s) appearing for the Case

William M. Winkel, West Palm Beach, for appellants.

Howard S. Toland of Haley, Sinagra, Paul & Toland, P.A., Fort Lauderdale, for appellee.

ON MOTION FOR REHEARING

GROSS, J.

Appellants, E-Z Marine Supply, Inc., and Marvin J. Griesan, move for rehearing of our April 5, 2004 order dismissing this appeal as being untimely filed.

The appeal involves a non-final order entered on November 21, 2003; the notice of appeal was filed on March 3, 2004. Appellants argue that a motion for rehearing tolled the time for filing the notice of appeal...

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