Untimely Notice Of Appeal

22 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Scott
  672 F.2d 454· 5th Cir.· 1982-04-05 ·cited 18×
  The court dismissed the appeal for lack of jurisdiction because the notice of appeal was untimely, but remanded to determine if excusable neglect allows for an extension.
• de Ardila v. Chase Manhattan Mortg. Corp. & S. Fla. Prop. Invs. Corp.
  826 So. 2d 419· Fla. 3d DCA· 2002-08-07 ·cited 13×
  Mortgagor Teresa Escobar De Ardila appealed an order denying her motion for rehearing regarding a foreclosure sale. The court dismissed the appeal for lack of subject matter jurisdiction because Escobar filed her notice of appeal more than 30 days after the denial of a rehearing
• Walker v. Louie L. Wainwright
  303 So. 2d 321· Fla.· 1974-11-13 ·cited 12×
  Peter Bryan Walker petitioned for habeas corpus relief challenging his ten-year sentence for breaking and entering, arguing the sentence was enhanced by consideration of prior invalid convictions and that his guilty plea was coerced. The Florida Supreme Court dismissed the petiti
• Ashley v. State
  845 So. 2d 1008· Fla. 5th DCA· 2003-05-23 ·cited 8×
  James Ashley, an inmate, appealed the denial of his motion to correct an illegal sentence, but filed his notice of appeal 21 days late. The court dismissed the appeal for lack of jurisdiction, holding that the "mail box rule" does not permit time deadlines to run from when a pris
• In the Interest of E.P. v. State of Fla. Dep't OF Health & Rehabilitative Servs.
  507 So. 2d 705· Fla. 2d DCA· 1987-05-15 ·cited 8×
  A Florida appellate court granted the Department of Health and Rehabilitative Services' motion to dismiss an untimely notice of appeal in a child custody case, holding that Juvenile Rule 8.820(b)(3) prohibits motions for rehearing from tolling the appeal period, unlike the genera
• State v. McCRAY
  544 So. 2d 313· Fla. 2d DCA· 1989-06-02 ·cited 7×
  The State appealed a sentencing order in which the trial court imposed a downward departure from guideline-recommended sentencing. The appellate court dismissed the appeal because the State's notice of appeal was filed more than fifteen days after the judgment and sentence was re
• Donaldson v. State
  136 So. 3d 1281· Fla. 2d DCA· 2014-05-07 ·cited 6×
  Mark Allen Donaldson appealed a post-conviction court's order denying his Rule 3.850 motion, but the appellate court dismissed the appeal for lack of jurisdiction because Donaldson filed his notice of appeal one day late and was not entitled to the mailbox rule that applies only
• Fryer v. Fla. Unemployment Appeals Comm'n & Plaza Materials Corp.
  691 So. 2d 27· Fla. 2d DCA· 1997-04-02 ·cited 6×
• Brown v. State
  502 So. 2d 1006· Fla. 5th DCA· 1987-02-19 ·cited 6×
• AmMED Surgical Equip., LLC v. Prof'l Med. Billing Specialists, LLC
  162 So. 3d 209· Fla. 2d DCA· 2015-02-06 ·cited 2×
  AmMed Surgical Equipment appealed a preliminary injunction order 70 days after it was rendered, which violated Florida's 30-day notice-of-appeal deadline. However, AmMed filed a Chapter 11 bankruptcy petition within the 30-day period, triggering an automatic stay that tolled the
• Grettel DE LA Torre v. Siguanea, LLC
  10 So. 3d 1164· Fla. 3d DCA· 2009-05-27 ·cited 2×
• Baroff v. Baroff
  349 So. 3d 451· Fla. 4th DCA· 2022-11-02 ·cited 1×
  The appellate court dismissed part of the former husband's appeal as untimely and affirmed the denial of his successive motion to vacate. The court held that successive motions to vacate are not a substitute for a timely appeal of the original order.
• Lanson v. Reid
  314 So. 3d 279· Fla. 3d DCA· 2017-03-27 ·cited 1×
  Appellants appealed a trial court order dismissing their Amended Complaint with prejudice more than 20 months after the dismissal was rendered. The appellate court dismissed the appeal for lack of jurisdiction because the notice of appeal was untimely filed, exceeding the 30-day
• Norton v. Fla. Dep't of Revenue & Karrin Ophelia Gregory
  Fla. 1st DCA· 2020-07-13
• Lanson v. Reid
  Fla. 3d DCA· 2019-03-06
  A motion to vacate a final judgment under Florida Rule of Civil Procedure 1.540(b) does not affect the finality of the judgment or suspend the time for filing a notice of appeal, which must be filed within 30 days of the dismissal order.
• Rostran v. The Fla. Unemployment Appeals Comm'n & Holiday CVS, LLC.
  83 So. 3d 844· Fla. 3d DCA· 2011-12-14
  The court reluctantly concurred in the result, but the concurring opinion argued for procedural fairness in unemployment benefit appeals.
• Boerner v. State
  963 So. 2d 357· Fla. 1st DCA· 2007-08-27
  Preston Walter Boerner appealed his conviction, but the appellate court dismissed the appeal as untimely. The court found that Boerner's motion to withdraw his plea of nolo contendere was filed more than 30 days after sentencing without proper citation to applicable rules, making
• Chrysler Corp. v. Long
  769 So. 2d 466· Fla. 5th DCA· 2000-10-13
  Chrysler Corporation seeks certiorari review of a circuit court order dismissing its appeal as untimely. The court granted the petition, holding that although Chrysler's notice of appeal was technically filed one day late, it should have been construed as appealing the final judg
• Isom v. State
  744 So. 2d 561· Fla. 5th DCA· 1999-11-05
• Childs v. State
  649 So. 2d 349· Fla. 1st DCA· 1995-02-07
• Johnson v. State
  492 So. 2d 755· Fla. 1st DCA· 1986-08-05
• Little v. Louie L. Wainwright
  287 So. 2d 124· Fla. 4th DCA· 1973-12-28