Narrative Opinion Summary
Agere Systems, Inc. appealed a non-final order that denied its motion for reconsideration of an earlier non-final order. The court clarified that a motion for reconsideration does not extend the time to file an appeal from a non-final order, as per existing case law (Canfield v. Cántele; Deal v. Deal; Coldwell Banker Commercial v. Wightman). The underlying non-final order, which was appealable under Rule 9.130 of the Florida Rules of Appellate Procedure, was issued on November 4, 2005. Agere had 30 days to file a notice of appeal, which it failed to do within the required timeframe, as the appeal was submitted on January 11, 2006. Additionally, the denial of a motion for reconsideration does not constitute an appealable order (Richardson v. Watson). As a result, the court concluded it lacked jurisdiction to review the appeal and dismissed it.
Legal Issues Addressed
Appealability of Non-Final Orderssubscribe to see similar legal issues
Application: The court determined that the underlying non-final order was appealable under Rule 9.130 of the Florida Rules of Appellate Procedure but the appeal was not filed within the permissible period.
Reasoning: The underlying non-final order, which was appealable under Rule 9.130 of the Florida Rules of Appellate Procedure, was issued on November 4, 2005. Agere had 30 days to file a notice of appeal, which it failed to do within the required timeframe, as the appeal was submitted on January 11, 2006.
Effect of Motion for Reconsideration on Appeal Timelinessubscribe to see similar legal issues
Application: The court held that a motion for reconsideration does not extend the deadline to file an appeal from a non-final order.
Reasoning: The court clarified that a motion for reconsideration does not extend the time to file an appeal from a non-final order, as per existing case law (Canfield v. Cántele; Deal v. Deal; Coldwell Banker Commercial v. Wightman).
Non-Appealable Nature of Denial of Motion for Reconsiderationsubscribe to see similar legal issues
Application: The court concluded that the denial of a motion for reconsideration is not an appealable order, thus dismissing the appeal for lack of jurisdiction.
Reasoning: Additionally, the denial of a motion for reconsideration does not constitute an appealable order (Richardson v. Watson). As a result, the court concluded it lacked jurisdiction to review the appeal and dismissed it.