NATIONWIDE INSURANCE COMPANY as Subrogee of John Ohagan, Appellant,
v.
Robert Wendall FORREST, Jr., Appellee.
District Court of Appeal of Florida, Fourth District.
John P. Fronk, Fort Lauderdale, for appellant.
Bennett S. Cohn of Law Office of Bennett S. Cohn, West Palm Beach, for appellee.
PER CURIAM.
This is an appeal from a non-final order setting aside a default and default final judgment. *673 We dismiss the appeal after considering the response to this court's sua sponte order directing appellant to show cause why the appeal should not be dismissed as untimely.
The April 3, 1996 order setting aside default and default final judgment is a non-final order appealable under Florida Rule of Appellate Procedure 9.130(a)(4) or (5). Howard v. McAuley,
This appeal must be dismissed as untimely since the notice of appeal was not filed within thirty days of the order setting aside default and default final judgment. See Fla.R.App.P. 9.130(b). Appellant's motion for rehearing did not toll the time for filing an appeal. Richardson v. Watson,
APPEAL DISMISSED.
GLICKSTEIN, STEVENSON and GROSS, JJ., concur.
