SUPER TRANSPORT, INC.; AAA AIR EXPRESS OF MIAMI, INC.; SOUTHEASTERN STAFFING, INC.; ACE SPRINKLER PUMP AND POOL; CLARIDGE HOUSE, INC., STAFFING CONCEPTS, INC., ET AL., APPELLANTS,
v.
FLORIDA DEPARTMENT OF INSURANCE, AS RECEIVER FOR FLORIDA EMPLOYERS SAFETY ASSOCIATION SELF-INSURANCE FUND, APPELLEE; SHIRER & ASSOCIATES OF FLORIDA, INC., APPELLANT, V. DEPARTMENT OF INSURANCE, APPELLEE; GREAT AMERICAN EMPLOYEE SERVICES, INC., GREAT AMERICAN PROFESSIONAL EMPLOYMENT, AMERISTAFF II, INC., AMERISTAFF, INC. AND INDUSTRIAL LEASING AFFILIATED CORPS., APPELLANTS, V. DEPARTMENT OF INSURANCE, APPELLEE; FLORIDA DEPARTMENT OF INSURANCE, AS RECEIVER OF THE FLORIDA EMPLOYERS SAFETY ASSOCIATION SELF-INSURERS FUND AND FLORIDA WORKERS COMPENSATION INSURANCE GUARANTY ASSOCIATION, INC., APPELLANTS, V. CERTAIN FUND MEMBERS OF THE FLORIDA EMPLOYERS SAFETY ASSOCIATION SELF-INSURERS FUND, APPELLEES
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This receivership appeal addresses whether a late notice of joinder under Florida Rule of Appellate Procedure 9.360 is jurisdictional. The court held that the timely filing requirement is not jurisdictional, and a party can be added as an appellant by amended notice even after the deadline if the opposing party shows no substantial prejudice.
The timely filing of a notice of joinder is not jurisdictional. A party subject to a final judgment can be added as an appellant by amended notice after the filing deadline has run, provided the opposing party cannot demonstrate substantial prejudice from the delay.
[1] A notice of joinder filed under Florida Rule of Appellate Procedure 9.360 is not jurisdictional.
[2] A party may be added as an appellant to a notice of appeal by an amended notice after the time for filing has run, provided the opposing party cannot show substantial pre…
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Join FLexlaw to unlock all legal intelligence“whether the filing of a notice of joinder within the time limit set forth in Florida Rule of Appellate Procedure 9.360 is jurisdictional”
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Join FLexlaw to unlock all legal intelligenceThe trial court rendered an assessment order on June 7, 2000. Super Transport and other assessees filed a timely notice of appeal on July 3, 2000, and…
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ON THE RECEIVER’S MOTION TO CONFIRM DISMISSAL
PER CURIAM.
The issue presented is whether the filing of a notice of joinder within the time limit set forth in Florida Rule of Appellate Procedure 9.360 is jurisdictional. Under the facts of this case, we determine that it is not, and that dismissal of the appeal of the party fifing that notice is not otherwise appropriate.
In this receivership matter, the trial court rendered an order of assessment on June 7, 2000. A timely notice of appeal was filed by Super Transport and other assessees on July 3, 2000. Super Transport filed an amended notice of appeal on July 14, 2000, serving additional parties, including Great American. Meanwhile, on July 10, Great American and other asses-sees filed a notice of appeal, but later Great American dismissed its appeal. On July 21, Great American filed a notice of joinder in Super Transport’s appeal.
When Super Transport filed its initial brief, Great American was also fisted as an appellant. The Receiver filed a motion to confirm the dismissal of Great American as an appellant, arguing that Great American dismissed its own appeal and that its notice of joinder in Super Transport’s appeal was untimely because it was filed on July 21, more than 10 days after the July 3 original notice of appeal. Great American asserted that because Super Transport did hot serve it with a copy of the original notice of appeal, the 10 day time period provided for joinder in rule 9.360 did not begin to run until the amended notice of appeal was filed on July 14, therefore its notice of joinder filed July 21 was timely.
Westfield Ins. Co. v. Sloan, 671 So. 2d 881 (Fla. 5th DCA 1996), holds that a party which is subject to a final judgment can be added as an appellant to a notice of appeal by an amended notice after the time for fifing has run. As in cases involving an untimely cross-appeal, the test applied in Westfield is whether the opposing party can show it was substantially prejudiced by the delay, but the delay in filing is not considered jurisdictional. We apply the same rule in the context of notices of joinder under rule 9.360, and because no demonstration of prejudice has been made by the Receiver, its motion to confirm dismissal is denied.
ERVIN, MINER and KAHN, JJ., concur.