O'DELL HINES, PETITIONER,
v.
LYRES PASCO PACKING AND DIVISION OF EMPLOYMENT SECURITY, DEPARTMENT OF LABOR & EMPLOYMENT SECURITY, STATE OF FLORIDA, RESPONDENTS
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The Florida District Court of Appeal addressed whether both copies of a notice of appeal in an administrative proceeding must be timely filed within 30 days to invoke appellate jurisdiction. The court held that timely filing of either copy—with the lower tribunal or with the appellate court—is sufficient to bring a timely appeal, rejecting a strict technical interpretation that would require both copies to be timely filed.
The court held that if either copy of the notice of appeal is timely received—whether filed with the lower tribunal or the appellate court—the appeal is timely brought and appellate jurisdiction is invoked. Therefore, timely filing of the notice with the appellate court alone satisfies the jurisdictional requirement.
[1] In administrative appeals, filing a copy of the notice of appeal with either the lower tribunal or the appellate court within the jurisdictional time limit is sufficient…
[2] Appellate rules are intended to protect substantive legal rights and should not be interpreted to create unnecessary technical pitfalls that thwart justice.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We therefore hold that if either of the copies of the notice of appeal referred to in Rule 9.110(b) and (c) is timely received, the appeal is timely brought.”
The core holding establishing that timely filing of either copy of the notice of appeal is sufficient to invoke appellate jurisdiction.
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Join FLexlaw to unlock all legal intelligenceO'Dell Hines filed a notice of appeal from an unemployment compensation order rendered on June 18, 1979. He filed a notice of appeal with the appellat…
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PER CURIAM.
Respondent, the Unemployment Appeals Commission, has moved to dismiss this administrative appeal as untimely filed. The relevant chronology is as follows:
1. Rendition of order appealed — June 18, 1979.
2. Notice of appeal filed with this court — July 17, 1979.
3. Notice of appeal filed with the Unemployment Appeals Commission — July 20, 1979.
It is apparent from the above chronology that the notice of appeal filed with this court is timely, but the notice of appeal filed with the lower tribunal was untimely (having been filed more than thirty days from the rendition of the order appealed). In appeals from lower courts the appellate rules make provision for only one place for filing notices of appeal — the lower court’s clerk’s office. However, in administrative appeals (also referred to as petitions for review) the new appellate rules provide for copies of the notice of appeal to be filed both with the clerk of the lower tribunal and with the appellate court clerk.1 Thus, the timeliness question presented in this case entails more than the mere arithmetic exercise of date calculation involved in most cases where timeliness of the notice of appeal is raised.
The question presented here can be put as follows: In an administrative appeal which copy of the notice of appeal is jurisdictional? Put another way: Must the copy of the notice of appeal filed with the agency or that filed with the appellate court (or both or either) be filed within the jurisdictional thirty-day time limit?
Rule 9.110, Florida Rules of Appellate Procedure, itself does not address the question, nor have the parties cited an appellate case on point. We are thus called upon to interpret a rule which is susceptible of a variety of interpretations. In so doing, we are mindful of the general commentary in the introductory note to the new appellate rules that “[i]t was the intent [of the drafters] . . . that appellate procedures operate to protect rather than thwart the substantive legal rights of the people . . . by eliminating unnecessary technical procedures which have at times frustrated the cause of justice.” The ambiguity inherent in the new rules requiring a notice to be filed in two places but not specifying which is jurisdictional may have created a procedural and technical pitfall.
We therefore hold that if either of the copies of the notice of appeal referred to in Rule 9.110(b) and (c) is timely received, the appeal is timely brought. Accordingly, the motion to dismiss is denied.
BOARDMAN, Acting C. J., and RYDER and DANAHY, JJ., concur. . Rule 9.110(b), Florida Rules of Appellate Procedure, provides: “Commencement. Jurisdiction of the court under this rule shall be invoked by filing two copies of a notice, accompanied by filing fees prescribed by law, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.” Rule 9.110(c) provides: “Exception; Administrative Action. In appeal of administrative action, the appellant shall pay the fee and file the second copy of the notice with the court.”
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Franchi v. Fla. Dep't of Commerce, 375 So. 2d 1154 (Fla. 4th DCA 1979)…the notice was filed in an otherwise timely fashion but in the district court of appeal. While this matter has been under consideration on rehearing, the Second District Court of Appeal issued an opinion in the case of Hines v. Lykes Pasco Packing, 374 So. 2d 1132 (Fla. 2d DCA 1979) holding that an appeal of an administrative order was commenced when a copy of the notice of appeal was filed in the appellate court before a copy was filed with the administrative body. Rules 9.110(b) and (c) of the Florida Rules…
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Carson Merry Baillie v. Dep't OF Natural Res., 632 So. 2d 1114 (Fla. 1st DCA 1994)…e action, as prescribed by general law.” There is no contention that section 120.-68(15), Florida Statutes, runs afoul of the federal constitution. ."[Administrative appeals (also referred to as petitions for review),” Hines v. Lykes Pasco Packing, 374 So. 2d 1132 (Fla. 2d DCA 1979) are authorized by section 120.68, Florida Statutes (1993), which provides, in conformity with article V, section 2 of the Florida Constitution: "Review proceedings shall he conducted in accordance with the Florida Rules of Appella…
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Frank Edelen Buick Co. v. Calvin, 389 So. 2d 649 (Fla. 1st DCA 1980)…0(b) and (c), Florida Rules of Appellate Procedure, if notice of appeal from final agency action is timely filed either with the agency or with the appropriate appellate court, jurisdiction vests in the appellate court. Hines v. Lykes Pasco Packing, 374 So. 2d 1132 (Fla. 2d DCA 1979).…
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