MCDANIELS
v.
MCDANIELS
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An appeal from an order denying a motion for relief from judgment lacks jurisdiction when the underlying motion is untimely.
[1] An appeal from an order denying a motion for relief from judgment is subject to dismissal for lack of jurisdiction when the underlying motion is untimely under Florida Ru…
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Join FLexlaw to unlock all legal intelligenceStanley McDaniels appealed from a circuit court order denying his motion for relief from judgment in a case against Sarah McDaniels.…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
STANLEY MCDANIELS, Appellant,
V.
SARAH MCDANIELS, Appellee.
No. 1D2025-0680
On appeal from the Circuit Court for Escambia County. Jennie Kinsey, Judge.
May 13, 2026
PER CURIAM.
DISMISSED for lack of jurisdiction. See Marlow v. Newrez, LLC, 392 So. 3d 874, 875 (Fla. 2d DCA 2024) (dismissing appeal for lack of jurisdiction because Florida Rule of Appellate Procedure 9.130(a)(5) authorizes review of an order denying a motion for relief from judgment only when the underlying motion is both authorized and timely, and the appellant's motion was untimely).
RAY, WINOKUR, and TREADWELL, JJ., concur.