12 Fla. L. Weekly Supp. 709c
Insurance — Appeals — Consolidation — Renewed motion to consolidate filed more than two months after order denying consolidation is untimely — Appellant is ordered to file overdue brief within 10 days or face sanctions
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. MEDLIFE HEALTH SYSTEMS, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 04-392 AP. April 27, 2005. Counsel: Mark A. Gatica. Kevin Whitehead. Dean Mitchell.
ORDER DENYING APPELLANT’S RENEWED MOTION TO CONSOLIDATE AND POSTPONING RULING ON APPELLEE’S MOTION TO DISMISS AND FOR SANCTIONS
This Court having reviewed Appellant, United Auto’s, Renewed Motion to Consolidate, and being duly advised in the premises, finds that the renewed motion to consolidate is untimely. Under Fla. R. App. P. 9.330(a), a motion for rehearing or clarification may be filed within 15 days of an order. See Hyster Co. v. Morales, 591 So. 2d 1082, 1083 (Fla. 3d DCA 1991). Appellant filed the renewed motion to consolidate appeals more than two months after the entry of the order denying consolidation.
This Court further finds that Appellant’s initial brief was due on April 4, 2005. This Court will not accept any further renewed motions from the Appellant. The Appellant is directed to file its initial brief within 10 days of the date of this order. If Appellant fails to file its initial brief within the 10 days, this Court will impose sanctions, and will consider the ultimate sanction of dismissal of this appeal.
It is therefore ORDERED AND ADJUDGED that, upon the ruling by a majority of this Court, the Renewed Motion to Consolidate is DENIED.
Lastly, this Court postpones ruling on Appellee’s Motion to Dismiss and for Sanctions. (JEFFREY ROSINEK, DARYL E. TRAWICK and SCOTT SILVERMAN, JJ., concur.)
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