ANTHONY WILLIAM RITZ, JR.
v.
DEPARTMENT OF CORRECTIONS

Fla. 1st DCA | 2019-02-20
No. 18-4856
Judge Thomas T. Woodall
264 So. 3d 387 Florida District Court of Appeal, First District (2019)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

An appeal must be dismissed when the notice of appeal is filed more than 30 days after rendition of the order being appealed.


Headnotes

[1] A notice of appeal must be filed within 30 days of rendition of the order to be appealed, and failure to do so deprives the appellate court of jurisdiction.

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Key Quotes

“Because the notice of appeal was filed more than 30 days after rendition of the order and the untimely motion for rehearing did not delay rendition, this Court is without appellate jurisdiction.”

Rule interpreting the notice of appeal deadline requirement

Facts & Procedural History

Anthony William Ritz, Jr. appealed a circuit court order in a case against the Department of Corrections.…

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Opinion of the Court

February 20, 2019 PER CURIAM.

DISMISSED. See Fla. R. App. P. 9.110(b) (notice of appeal must be filed within 30 days of rendition of order to be appealed); Palm v. State, 982 So. 2d 1226 (Fla. 1st DCA 2008) (“Because the notice of appeal was filed more than 30 days after rendition of the order and the untimely motion for rehearing did not delay rendition, this Court is without appellate jurisdiction.”).

BILBREY, WINOKUR, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Anthony William Ritz, Jr., pro se, Appellant. Kenneth S. Steely, General Counsel, Department of Corrections, Tallahassee, for Appellee.


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