ESTELA GONZALEZ
v.
JPMORGAN CHASE BANK NATIONAL ASSOCIATION
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An appellate court lacks jurisdiction over an appeal filed more than 60 days after rendition of the order to be reviewed, and a litigant cannot circumvent this deadline by attempting to piggyback the appeal onto a related case that has already been decided and mandated.
[1] An appeal must be filed within 30 days of rendition of the order to be reviewed to invoke appellate jurisdiction, and an appellant cannot cure an untimely appeal by attem…
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Join FLexlaw to unlock all legal intelligenceEstela Gonzalez appealed a trial court's February 14, 2025 order vacating her motion for surplus. The appeal was filed more than 60 days after renditi…
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Third District Court of Appeal State of Florida
Opinion filed April 15, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-0732 Lower Tribunal No. 19-35335-CA-01
Estela Gonzalez, Appellant,
vs.
JPMorgan Chase Bank National Association, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Migna Sanchez-Llorens, Judge.
Estela Gonzalez, in proper person.
McCalla Raymer Leibert Pierce, LLP, and Charles P. Gufford (Orlando), for appellee.
Before LINDSEY, LOBREE and GOODEN, JJ.
PER CURIAM.
Appellant Estela Gonzalez appeals the trial court's February 14, 2025 order vacating the order on her motion for surplus. This appeal is untimely because it was filed more than 60 days after rendition of the order appealed. See Fla. R. App. P. 9.110(b) (“Jurisdiction of the court under this rule must be invoked by filing a notice with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed[.]"). Gonzalez's attempt to piggy-back this appeal onto the appeal in related case number 25- 0371 cannot succeed. The mandate in that case was issued on May 5, 2025.1 Accordingly, we are constrained to dismiss this appeal for lack of jurisdiction.
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sinclair v. State, 853 So. 2d 551 (Fla. 1st DCA 2003)
- Pacheco v. Gonzalez, 254 So. 3d 527 (Fla. 3d DCA 2018)