JAMES L. MURPHY
v.
STATE OF FLORIDA
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A notice of appeal must be actually filed with the court within 30 days of the order appealed and merely mailing or depositing it in a post office box is insufficient to invoke appellate jurisdiction.
[1] The filing of a notice of appeal is a jurisdictional requirement that must be satisfied by actual filing with the court within thirty days of the order appealed, and the…
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Join FLexlaw to unlock all legal intelligence“Merely mailing the notice or having the notice placed in a post office box within the required time period is not sufficient.”
Court's explanation of why depositing the notice in the mail does not satisfy the filing requirement
Appellant Murphy filed a notice of appeal, but failed to meet the jurisdictional 30-day filing deadline required by Florida Rules of Appellate Procedu…
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October 15, 2018 PER CURIAM.
The Court has determined that Appellant’s notice of appeal failed to invoke its appellate jurisdiction in a timely manner. To be timely, a notice of appeal must be filed with the appropriate court within 30 days of rendition of the order on appeal. Fla. R. App. P. 9.110(b). Merely mailing the notice or having the notice placed in a post office box within the required time period is not sufficient. Raysor v. Raysor, 706 So. 2d 400, 401 (Fla. 1st DCA 1998). Further, the filing of a notice of appeal is jurisdictional. Florida courts are required to dismiss an appeal if the notice is not filed within the applicable time limit. See Miami-Dade Cty. v. Peart, 843 So. 2d 363, 364 (Fla. 3d DCA 2003). Accordingly, the appeal is dismissed.
ROBERTS, ROWE, and RAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ James L. Murphy, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Raysor v. Raysor, 706 So. 2d 400 (Fla. 1st DCA 1998)
- Miami-Dade Cnty. v. Peart, 843 So. 2d 363 (Fla. 3d DCA 2003)