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BARLEY v. PALETTI

No. 1D04-4228.

904 So.2d 432 (2005)

John A. BARLEY, a Party-in-interest as Successor-in-interest to John A. Barley & Associates, P.A., a Successor-in-interest to Yellow Jacket Marina, Inc. (YJM), Appellant, v. Tim PALETTI and Mark Paletti, Richard E. Corbin, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 30, 2005.

Attorney(s) appearing for the Case

Appellant, pro se.

Andy B. Parmenter, Gainesville; Gregory V. Beauchamp, Chiefland; Gary S. Edinger, Gainesville, for Appellees.

PER CURIAM.

Upon consideration of the appellant's responses to the Court's orders of September 30, 2004, and November 19, 2004, the Court has determined that the order on appeal is an order granting new trial. Although such an order is reviewable by this Court pursuant to Florida Rule of Appellate Procedure 9.110(a)(4), the instant appeal is untimely. A motion for rehearing does not toll the time for seeking appellate review of an order granting new trial because...

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