DAVID STERN
v.
U S BANK TRUST, N. A., AS TRUSTEE, ET AL.
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This case involves an appeal of a foreclosure judgment. The appellate court dismissed the appeal because the notice of appeal was filed too late, meaning the court lacked jurisdiction. This highlights the strict timeliness requirements for appeals.
No, the appellant did not file a timely notice of appeal. The notice was filed 120 days after the final judgment, exceeding the 30-day limit, and no tolling event occurred.
[1] A motion to reconsider directed to a nonfinal order does not toll the time for filing a notice of appeal from a subsequent final judgment, as motions to reconsider are no…
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Join FLexlaw to unlock all legal intelligence“We dismiss this appeal for lack of jurisdiction because David Stern failed to file a timely notice of appeal directed to the final judgment of foreclosure entered in favor of U.S. Bank Trust, N.A., as trustee.”
Establishes the court's decision and the primary reason for dismissal.
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Join FLexlaw to unlock all legal intelligenceDavid Stern appealed a final judgment of foreclosure entered in favor of U.S. Bank Trust. Stern filed his notice of appeal approximately 120 days afte…
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SILBERMAN, Judge. We dismiss this appeal for lack of jurisdiction because David Stern failed to file a timely notice of appeal directed to the final judgment of foreclosure entered in favor of U.S. Bank Trust, N.A., as trustee. An appellant invokes the court's jurisdiction
- 2 - by filing a notice of appeal within thirty days of rendition of the challenged order. Fla. R. App. P. 9.110(b). A failure to timely file the notice "deprives the appellate court of jurisdiction." Griffin v. Sistuenck, 816 So. 2d 600, 601 (Fla. 2002). Stern filed his notice of appeal some 120 days after the final judgment was rendered. Although a timely and authorized motion for rehearing tolls rendition of a final order, see Fla. R. App. P. 9.020(h)(1)(B), (2)(A), Stern did not file a motion for rehearing directed to the final judgment.
Thus, his notice of appeal was untimely. If Stern had timely appealed the final judgment, he would have been able to challenge the trial court's prior order granting summary judgment because "an appeal of a final order 'calls up for review all necessary interlocutory steps leading to that final order.' " Thomas v. Hosp. Bd. of Dirs. of Lee Cnty., 41 So. 3d 246, 255 (Fla. 2d DCA 2010) (quoting Saul v. Basse, 399 So. 2d 130, 133 (Fla. 2d DCA 1981)).
We point out that Stern filed a motion to reconsider the trial court's earlier order granting U.S. Bank's motion for summary judgment. But the motion to reconsider directed to the nonfinal order granting summary judgment did not toll rendition of the final judgment. A motion for reconsideration is properly directed to a nonfinal order, not a final order. See Seigler v. Bell, 148 So. 3d 473, 478 (Fla. 5th DCA 2014).
Thus, a motion for reconsideration is not listed as an order that tolls rendition of a final order. See Fla. R App. P. 9.020(h)(1). Because Stern failed to file a timely notice of appeal directed to the final judgment of foreclosure, we dismiss this appeal for lack of jurisdiction.
Dismissed. LUCAS and ROTHSTEIN-YOUAKIM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Griffin v. D.R. Sistuenck, 816 So. 2d 600 (Fla. 2002)
- Saul v. Basse, 399 So. 2d 130 (Fla. 2d DCA 1981)
- Seigler v. Bell, 148 So. 3d 473 (Fla. 5th DCA 2014)
- Thomas v. The Hosp. Bd. OF Directors OF LEE Cnty., 41 So. 3d 246 (Fla. 2d DCA 2010)