PATRICIA DAVID
v.
METROPOLITAN LIFE INSURANCE COMPANY, ET AL.
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Patricia David appealed a circuit court judgment, but her notice of appeal was filed nearly eight months after the original judgment was rendered. The appellate court dismissed the appeal for lack of jurisdiction, holding that the filing of an amended judgment that merely added ministerial language did not reset the 30-day filing deadline required by Florida Rule of Appellate Procedure 9.110(b).
The amended final judgment did not reset the time to appeal because it did not materially change the original judgment. The 30-day period to file a notice of appeal runs from the rendition of the original judgment, and failure to file within that period constitutes an irremediable jurisdictional defect that divests the court of jurisdiction to hear the appeal.
[1] A notice of appeal must be filed within 30 days of the rendition of the order to be reviewed.
[2] Failing to file a notice of appeal within the 30-day period constitutes an irremediable jurisdictional defect.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Failing to file any notice within the 30 day period constitutes an irremediable jurisdictional defect.”
Establishes that failure to timely file a notice of appeal divests the appellate court of jurisdiction
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Join FLexlaw to unlock all legal intelligenceThe circuit court rendered a final judgment on January 5, 2024. An amended final judgment was rendered on August 21, 2024, which added the words 'or c…
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KUNTZ, C.J.
Patricia David appeals the circuit court's amended final judgment that was rendered on August 21, 2024. The amended final judgment adds the words “or cause to be paid” to the original judgment, a judgment rendered on January 5, 2024, and the notice of appeal was not filed until September 19, 2024.
Florida Rule of Appellate Procedure 9.110(b) requires that a notice of appeal be filed “within 30 days of the rendition of the order to be reviewed.” Fla. R. App. P. 9.110(b). “Failing to file any notice within the 30 day period constitutes an irremediable jurisdictional defect.” Franchi v. Fla. Dep't of Com., Div. of Emp. Sec., Bd. of Rev., 375 So. 2d 1154, 1155 (Fla. 4th DCA 1979).
Here David did not file the notice of appeal until months after the original judgment was rendered. But David argues the amended final judgment reset the time to file the notice of appeal. We disagree. Where an amended final judgment does not materially change the judgment, the time to appeal is not extended by rendition of the second judgment. Betts v. Fowelin, 203 So. 2d 630, 632 (Fla. 4th DCA 1967). The Florida Supreme Court has explained:
An amendment or modification of an order or judgment in an immaterial way does not toll the time within which review must be sought. But where the modification or amendment materially changes the original order or judgment, the limitation period is said to run from the time of such modification or amendment.
St. Moritz Hotel v. Daughtry, 249 So. 2d 27, 28 (Fla. 1971). Here, the amended judgment did not materially change the original judgment. And even if it had, we have held that an appeal of an amended judgment should involve only those issues affected by the amendment. Beal Bank, S.S.B., Inc. v. Sherwin, 829 So. 2d 961, 962 (Fla. 4th DCA 2002) (citing First Cont’l Corp. v. Khan, 605 So. 2d 126 (Fla. 5th DCA 1992)).
David's notice of appeal was not filed within thirty days of rendition of the original judgment. As a result, the appeal must be dismissed.
Appeal dismissed.
GROSS and GERBER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- ST. Moritz Hotel v. Jimmy C. Daughtry & the Fla. Indus. Comm'n, 249 So. 2d 27 (Fla. 1971)
- Franchi v. Fla. Dep't of Commerce, 375 So. 2d 1154 (Fla. 4th DCA 1979)
- Beal Bank v. Irwin J. and Marcia M. Sherwin, 829 So. 2d 961 (Fla. 4th DCA 2002)
- Betts v. Fowelin, 203 So. 2d 630 (Fla. 4th DCA 1967)
- First Cont'l Corp. v. Bashir H. Khan, 605 So. 2d 126 (Fla. 5th DCA 1992)