IN THE INTEREST OF D. L. M., AND D. M., CHILDREN

Fla. 4th DCA | 1975-10-24
No. 75-440
CROSS, OWEN and DOWNEY, JJ., concur.
320 So. 2d 830 Florida District Court of Appeal, Fourth District (1975) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

In a proceeding pending in the Juvenile Division of the Circuit Court of Orange County, Florida, the court entered an order on January 27, 1975, awarding custody of two minor children to their father. On March 7, 1975, the mother of said children filed a notice of appeal to review said order. The record reflects an order entered February 25, 1975, filed in the office of the clerk of the circuit court on March 7, 1975, purporting to extend for a period of 20 days the time for taking an appeal from the order of January 25, 1975.

The trial court has no authority to. extend the time within which to perfect an appeal and an order purporting to do so is ineffectual. 2 Fla.Jur., Appeals, § 95. Accordingly, the notice of appeal filed herein was untimely, requiring dismissal of the appeal.

Appeal dismissed.

CROSS, OWEN and DOWNEY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Gordon v. Green, 382 So. 2d 1344 (Fla. 5th DCA 1980)
    …magli Realty Co. v. Craver, 121 So. 2d 648 (Fla.1960); Salinger v. Salinger, 100 So. 2d 393 (Fla.1958); Lalow v. Codorno, 88 So. 2d 752 (Fla.1956); Bonura v. Holloway, 334 So. 2d 842 (Fla. 4th DCA 1976); In the Interest of D.L.M. and D.M., Children, 320 So. 2d 830 (Fla. 4th DCA 1975). However under the circumstances in this case, the time for filing the appeal could possibly have been extended by asking the trial court to vacate the order pursuant to Rule 1.540(a) or 1.540(b) of the Florida Rules of Civil P…

Full citator, related cases, and AI research tools

Open in FLexlaw