Second District Finds Appeal Untimely

The Second District Court of Appeal ruled yesterday in Gohary v. Gohary, dismissing the Former Husband’s appeal on the basis that it was untimely.  While the Former Husband argued that his Motion for Rehearing tolled the time for a Notice of Appeal to be filed, the Second District Court found that, as only temporary timesharing was ordered in the Final Judgment, it did not constitute a final order.  As the deadline for appealing a non-final order is not tolled by the filing of a Motion for Rehearing, the Former Husband’s appeal was not timely noticed, and was dismissed as a result.