final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 15-9283 Eric William Hendon, Judge.
Richard L. Barbara, P.A., and Richard L. Barbara, for
Offices of Robert P. Frankel, P.A., and Robert P. Frankel
(Plantation), for appellee Beach Developers, LLC; Russell A.
Cohen, P.A., and Russell A. Cohen; Tables Law Group, P.A.,
and Ryan Tables (Hollywood), for appellee Brepega, LLC.
ROTHENBERG, C.J., and SCALES and LUCK, JJ.
ON MOTION FOR RECONSIDERATION
Relevant Procedural Background
circuit court entered a final judgment of foreclosure on
October 4, 2016, in the case of Beach Developers, LLC v.
Brepega, LLC, lower tribunal case number 15-9283.
Appellant New Day Miami, LLC ("NDM") was the
successful bidder at a November 17, 2016 foreclosure sale.
Two of the named defendants in the foreclosure action moved,
pursuant to Florida Rule of Civil Procedure 1.540, to vacate
the October 4, 2016 judgment of foreclosure and to set aside
the sale to NDM.
March 10, 2017, the trial court entered an order granting
these two defendants' rule 1.540 motion, thus vacating
the judgment and setting aside the sale to NDM. Rather than
appealing this March 10, 2017 order, NDM filed a motion for
rehearing pursuant to rule 1.530. On April 17, 2017, the
trial court denied NDM's motion for rehearing, and NDM
filed its notice of appeal in this Court on May 9, 2017,
challenging both the March 10, 2017 order and the April 17,
2017 order denying rehearing.
plaintiff below, Beach Developers, LLC moved to dismiss
NDM's appeal as untimely. Beach Developers argued that,
pursuant to the express provisions of Florida Rule of
Appellate Procedure 9.130(a)(5),  NDM's rule 1.530 motion
for rehearing did not toll the rendition date of the trial
court's March 10, 2017 order granting the rule 1.540
motion; and therefore, NDM's May 9, 2017 notice of appeal
was untimely as it was not filed within thirty days of
rendition as required by Florida Rule of Appellate Procedure
not respond to Beach Developers's motion to dismiss, and
on June 9, 2017, we granted the motion and dismissed
NDM's appeal. NDM then filed with this Court the instant
motion for reconsideration. In the instant motion, NDM argues
that the trial court's March 10, 2017 order - vacating
the foreclosure sale and setting aside NDM's certificate
of title - constituted a final judgment as to NDM,
despite being manifested in a rule 1.540 order. NDM maintains
that, because it was a third-party bidder at the foreclosure
sale, rather than a party to the underlying foreclosure
action, NDM's motion for rehearing of the March 10, 2017
order was both timely and authorized, thereby delaying
"rendition" of the March 10, 2017 order until
NDM's rehearing motion was adjudicated on April 17, 2017.
Fla. R. App. P. 9.020(i)(1). NDM argues that its May 9, 2017
notice of appeal is therefore timely, and adequately invokes
this Court's jurisdiction to review both (i) the March
10, 2017 order, and (ii) the April 17, 2017 order denying
NDM's rehearing motion.
March 10, 2017 Order on Rule 1.540 Motion
not unsympathetic to the peculiar situation in which NDM
finds itself. We agree that the March 10, 2017 order is
"final" as to NDM. While this order has reopened
the underlying foreclosure case, which remains to be
litigated, no further adjudication remains with regard to NDM
in this case. See Miami-Dade Water & Sewer Auth. v.
Metro. Dade Cty., 469 So.2d 813, 814 (Fla. 3d DCA 1985)
("In determining the finality of an order, judgment, or
decree, the test employed by the appellate court is whether
the order appealed constitutes an end to judicial labor in
the trial court, and nothing further remains to be done to
terminate the dispute between the parties directly
affected."). We also agree with NDM that, generally,
pursuant to rule 9.020(i)(1), an authorized and timely motion
seeking relief from a final order delays rendition of the
final order until the rehearing motion can be adjudicated.
Yet, rule 9.020(i)'s tolling provision is applicable
"unless another rule of procedure ...