JOHNSON
v.
FLA. DEP'T OF CORR.
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The First District Court of Appeal of Florida dismissed an appeal because the notice of appeal was filed one day late, failing to meet the 30-day deadline required to invoke the court's appellate jurisdiction.
No, the notice of appeal was not timely filed. The appeal is therefore dismissed for failure to invoke the court's appellate jurisdiction.
[1] A notice of appeal must be filed within 30 days of rendition of the trial court order to invoke appellate jurisdiction under Fla. …
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Join FLexlaw to unlock all legal intelligence“In order to timely invoke the Court’s appellate jurisdiction, a notice of appeal must be filed within 30 days of rendition of the order to be reviewed.”
Establishes the general rule for timely filing of a notice of appeal.
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Join FLexlaw to unlock all legal intelligenceAppellant James Johnson filed a notice of appeal on January 3, 2019. The order being appealed was rendered on December 3, 2018, making the thirtieth d…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA _____________________________
No. 1D19-0166 _____________________________
JAMES JOHNSON,
Appellant,
v. FLORIDA DEPARTMENT OF CORRECTIONS,
Appellee.
_____________________________
On appeal from the Circuit Court for Hamilton County. Andrew J. Decker, III, Judge.
February 28, 2019 PER CURIAM.
Upon consideration of Appellant’s response to the Court’s order of January 14, 2019, the Court has determined that the appeal is untimely.
In order to timely invoke the Court’s appellate jurisdiction, a notice of appeal must be filed within 30 days of rendition of the order to be reviewed. Fla. R. App. P. 9.110(b). The thirtieth day following rendition of the order on appeal was January 2, 2019. Thus, the notice of appeal, filed on January 3, 2019, failed to invoke the Court’s appellate jurisdiction in a timely manner. Accordingly, the appeal is dismissed.
2
ROBERTS, WETHERELL, and MAKAR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
James Johnson, pro se, Appellant. No appearance for Appellee.