Stucky v. BMW of North America, LLC
After plaintiffs repeatedly failed to cure pleading deficiencies and missed a deadline to file a fourth amended complaint, the trial court sua sponte dismissed the case; plaintiffs moved to vacate under rule 1.540(b) and appealed nearly four months later. The Fourth District held it lacked jurisdiction to review the merits of the dismissal because a rule 1.540(b) motion does not toll the 30-day appeal period and cannot be recharacterized as a timely rule 1.530 rehearing motion, and it affirmed the denial of 1.540 relief for lack of excusable neglect.
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