LEROY WHITE, APPELLANT,
v.
DEPARTMENT OF JUVENILE JUSTICE AND DIVISION OF RISK MANAGEMENT, APPELLEES
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The court dismissed the appeal for lack of jurisdiction because the notice of appeal was filed nearly three years after the order was rendered, far exceeding the 30-day deadline required by statute and appellate rule.
An appeal must be dismissed for lack of jurisdiction when the notice of appeal is filed more than 30 days after the order is rendered.
[1] A notice of appeal must be filed within 30 days of rendition of the order to invoke appellate jurisdiction, and this jurisdictional requirement cannot be altered by court…
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Join FLexlaw to unlock all legal intelligenceAppellant filed a notice of appeal on December 21, 2009, seeking review of an order rendered on June 19, 2007. The court had issued an order to show c…
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Appellant has failed to respond to this court’s order to show cause dated December 29, 2009. This court’s order specifically warned Appellant: “Failure to timely comply with this order may result in the imposition of sanctions, which may include dismissal of the appeal, without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.” By notice of appeal filed December 21, 2009, Appellant seeks review of an order rendered June 19, 2007. Accordingly, we DISMISS this appeal for lack of jurisdiction. See § 440.25(5)(a), Fla. Stat. (2006) (providing that orders of judges of compensation claims “shall become final 30 days after mailing of copies of such order to the parties” unless timely appealed); Fla. R.App. P. 9.180(b)(3) (providing this court’s jurisdiction is invoked if notice of appeal is filed within thirty days of rendition of order to be reviewed); see also, e.g., Metellus v. State, 900 So.2d 491, 495 (Fla.2005) (noting jurisdictional rule cannot be altered by court or by agreement of parties); Troche v. BJ’s Wholesale Club, Inc., 954 So.2d 685, 686 (Fla. 1st DCA 2007) (“It is well settled that to be timely, a notice of appeal must be filed in the appropriate court within the appropriate time period.”); Metro. Dade County v. Vasquez, 659 So.2d 355, 356 (Fla. 1st DCA 1995) (dismissing untimely appeal for lack of jurisdiction). All pending motions are denied as moot.
VAN NORTWICK, LEWIS, and ROWE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Mosley, 900 So. 2d 491 (Fla. 2004)
- Clark v. State, 954 So. 2d 685 (Fla. 1st DCA 2007)
- Metro. Dade Cnty. v. Vasquez, 659 So. 2d 355 (Fla. 1st DCA 1995)