SAMEER OKASHAH
v.
STATE OF FLORIDA
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A notice of appeal challenging a restitution order must be filed within 30 days after rendition of the order to invoke appellate jurisdiction.
[1] A separate notice of appeal must be filed to challenge a restitution order after a notice of appeal for the judgment and sentence has already been filed.
[2] An appellate court lacks jurisdiction to review an order for which a timely notice of appeal has not been filed.
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Join FLexlaw to unlock all legal intelligence“in order for an appellate court to have jurisdiction over an appeal, '[a] notice of appeal must be filed within 30 days after rendition of the order to be reviewed'”
Citation to Pennywell v. Dep't of Revenue ex rel. Woodard, explaining jurisdictional requirement for timely notice of appeal
Sameer Okashah appealed his conviction and a restitution order. The restitution order appeal was not timely filed within the 30-day window required by…
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separate notice of appeal of the restitution order); see also Pennywell v. Dep’t of Revenue ex rel. Woodard, 62 So. 3d 19, 20 (Fla. 1st DCA 2011) (explaining that in order for an appellate court to have jurisdiction over an appeal,“[a] notice of appeal must be filed within 30 days after rendition of the order to be reviewed” (citing Florida Rule of Appellate Procedure 9.110(b)).
AFFIRMED in part and DISMISSED in part.
LEWIS, ROBERTS, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Candice K. Brower, Criminal Conflict & Civil Regional Counsel, Melissa J. Ford, Assistant Conflict Counsel, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Jason W. Rodriguez, Assistant Attorney General, Tallahassee, for Appellee.
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- Pennywell v. Dep't OF Revenue, 62 So. 3d 19 (Fla. 1st DCA 2011)
- Ralph Guarneri, M.D. & Ralph Guarneri, M.D., P.A. v. Nussbaum, 40 So. 3d 925 (Fla. 4th DCA 2010)
- Turner v. State, 40 So. 3d 925 (Fla. 1st DCA 2010)