Careful: Rule 2.514(b) does not apply to notices of appeal or petitions for writs!

The losing petitioner in Miccosukee Tribe v. Lewis, 38 Fla. L. Weekly D2088 (Fla. 3rd DCA October 2, 2013), learned a lesson the hard way.  The order at issue was an order clarifying fact discovery deadlines. The petitioner filed a motion for reconsideration, and after losing that and 35 days after the original order, filed its petition.

1.     The petitioner argued that Judicial Administration Rule 2.514 (b) (“When a party may or must act within a specified time after service and service is made by mail or e-mail, 5 days are added after the period that would otherwise expire under subdivision (a)”)  rendered the petition timely since the order had been emailed. The Third District also rejected that argument, noting that “[t]he additional five-day time period applies when another rule requires a party to act within a specified time after service. Rule 2.514(b) affords no additional time when a rule (in this case rule 9.100(c)(1)) requires a party to act within a specified time after rendition of an order.”

n    The petitioner also argued that its motion for reconsideration had tolled the time to petition. The court rejected that as well, explaining that an unauthorized motion for rehearing does NOT toll the time for appeal (or, as in this case, a petition for a writ of certiorari).