SUNSHINE DODGE, INC., ETC., APPELLANT,
v.
INGEBORG M. KETCHEM, ETC., ET AL., AND MICHAEL STEVEN DAVIS, ET AL., APPELLEESS
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ON MOTION TO DISMISS APPEAL
ORFINGER, Chief Judge.
Appellee asks us to dismiss this appeal because the notice of appeal was filed in the office of the Clerk of the Circuit Court after 5:00 P.M. on the last day of the appeal time. Thus, says appellee, we do not have jurisdiction because the notice was filed “after the close of the business day.”1
Florida Rule of Appellate Procedure 9.110(b) requires the notice of appeal to be filed within thirty days of the rendition of the order to be reviewed. The rule does not say “business days,” nor does it otherwise limit the time period by hours of the day. Clearly the notice was filed within the thirty day period. If the Clerk’s Office remains open to receive and file the notice and it is in fact filed within the required thirty-day period, as it was here, it is timely.
Motion to dismiss DENIED.
SHARP and COWART, JJ., concur. . The Clerk’s stamp indicates that the notice was filed at 5:07 P.M.
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Metro. Dade Cnty. v. Vasquez, 659 So. 2d 355 (Fla. 1st DCA 1995)…cks jurisdiction and the appeal must be dismissed. We conclude that the notice of appeal in this case was not timely filed, and that dismissal for lack of jurisdiction is therefore mandated. Appellant’s reliance on Sunshine Dodge, Inc. v. Ketchem, 427 So. 2d 819 (Fla. [*356] 5th DCA 1983) is obviously misplaced, since in that case, appellant filed the notice of appeal on the 30th day, albeit after 5:00 p.m. In rejecting appellee’s argument that the notice was nonetheless untimely since it was filed “after t…
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Stephenson v. State, 640 So. 2d 117 (Fla. 2d DCA 1994)…esponse to our order to show cause that we can conclude from the record that it is just as probable that the notice was filed with the clerk sometime on Friday but not stamped as filed until the following Monday. See Sunshine Dodge, Inc. v. Ketchem, 427 So. 2d 819 (Fla. 5th DCA 1983). The record refutes this contention. The notice reflects that trial counsel executed the certificate of service on Monday, February 1st, and the clerk’s stamp shows the notice was filed at 3:52 P.M. on that same day. Our dismiss…
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Atagun Serifsoy & Bridgeview Ests., Ltd. v. The City OF Lake Worth & Andy & Nancy Custer, 789 So. 2d 1173 (Fla. 4th DCA 2001)…659 So. 2d 355 (Fla. 1st DCA 1995). However, where the clerk has made provisions for after-hours filing, a jurisdictional document will be treated as timely even if it is filed after closing on the thirtieth day. See Sunshine Dodge, Inc. v. Ketchem, 427 So. 2d 819, 820 (Fla. 5th DCA 1983) (“If the Clerk’s Office remains open to receive and file the notice and it is in fact filed within the required thirty-day period, as it was here, it is timely.”). Accordingly, the petition for writ of cer-tiorari is grante…
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