A.B., THE FATHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES, ET AL.
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A father appealed a termination of parental rights judgment by filing a notice of appeal from an amended final judgment 30 days after the original judgment was entered. The appellate court dismissed the appeal for lack of jurisdiction because the amended judgment merely corrected scrivener's errors and did not constitute a material change, making the notice of appeal untimely.
The appellate court lacked jurisdiction to hear the appeal because the amended judgment did not materially change the original judgment but only corrected scrivener's errors, and the notice of appeal was not timely filed within 30 days of the original final judgment.
[1] An appeal from an amended final judgment that only corrects scrivener's errors and does not materially change the original final judgment is untimely if the notice of app…
[2] A notice of appeal filed from an amended final judgment that merely corrects scrivener's errors does not invoke appellate jurisdiction.
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Join FLexlaw to unlock all legal intelligence“Appellant did not invoke this Court's jurisdiction because he did not file a timely notice of appeal from the original Final Judgment.”
Establishes the fundamental jurisdictional defect—the notice of appeal was not timely filed within 30 days of the original judgment.
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Join FLexlaw to unlock all legal intelligenceThe trial court entered a Final Judgment of Termination of Parental Rights on August 25, 2023. Five days later, on August 30, 2023, the trial court en…
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PER CURIAM.
In this termination of parental rights case, the trial court rendered the Final Judgment of Termination of Parental Rights on August 25, 2023.
On August 30, 2023, the trial court entered an Amended Final Judgment to correct three scrivener’s errors.
On September 29, 2023, Appellant filed a Notice of Appeal from the August 30, 2023 Amended Final Judgment.
Accordingly, Appellant did not invoke this Court’s jurisdiction because he did not file a timely notice of appeal from the originalFinal Judgment. See Bade v. Nationstar Mortg., LLC, 180 So. 3d 163, 164 (Fla. 4th DCA 2015) (dismissing for lack of jurisdiction an appeal from an amended final judgment that “did not materially change the original final judgment” but “only corrected a scrivener’s error”); Gold King Apts., LLC v. Dumornay, 190 So. 3d 650, 650 (Fla. 3d DCA 2016) (dismissing appeal for lack of jurisdiction where there was no “material change” between the original and amended final judgments, and the notice of appeal was filed more than thirty days after the original final judgment’s rendition).
Accordingly, this appeal is dismissed for lack of jurisdiction. Dismissal is without prejudice to Appellant’s right to seek a belated appeal by filing a petition for a writ of habeas corpus in the trial court. In the Interest of E.H., 609 So. 2d 1289, 1290-91 (Fla. 1992) (“[I]n those limited situations when a parent is entitled to belated appeal, the petition for writ of habeas corpus is the proper procedural vehicle for seeking the appeal. . . . [T]he parent’s petition for writ of habeas corpus should be filed with the trial court.”).
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In the Interest OF E.H., 609 So. 2d 1289 (Fla. 1992)
- Gold King Apts., LLC v. Dumornay, 190 So. 3d 650 (Fla. 3d DCA 2016)