BERT L. HAWKS AND SANDRA S. HAWKS, HIS WIFE, APPELLANTS,
v.
MICHAEL A. WALKER, HERBERT H. WALKER, ET AL., APPELLEES
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DAUKSCH, Chief Judge.
This is an appeal from an “Order requiring that there be declared a set-off .. .. ” Even assuming this is an appeal-able order, the notice of appeal was not timely filed and this court lacks jurisdiction to consider the matter further. Appellant’s statements as to the dates when the order appealed was rendered and the notice Of appeal was filed are patently wrong and the record is clear and obvious that the order appealed was rendered on May 15,1981 and the notice of appeal was not filed until June 16, 1981 some 32 days later. A timely notice of appeal must be filed within 30 days in order for this court to have jurisdiction; late filing is a defect no one can correct, not even the court. Pla.R.App.P. 9.110(b). Dibble v. Dibble, 377 So. 2d 1001 (Fla. 3d DC A 1979); Perego v. Robinson, 377 So. 2d 834 (Fla. 5th DCA 1979), cert. den., 388 So. 2d 1116 (Fla.).
APPEAL DISMISSED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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Miami-Dade Cnty. v. Peart, 843 So. 2d 363 (Fla. 3d DCA 2003)…Rule 9.110(c). See Crapp v. Criminal Justice Standards & Training Comm’n, 753 So. 2d 787 (Fla. 3d DCA 2000) (finding that an appeal from a lower administrative tribunal was untimely where the notice of appeal was filed 2 days late); Hawks v. Walker, 409 So. 2d 524, 525 (Fla. 5th DCA 1982) (finding that a notice of appeal filed two days late was untimely); State Dept. of Pollution Control v. Sebring Park Properties, Inc., 317 So. 2d 772 (Fla. 2d DCA 1975) (finding untimely a notice of appeal that was filed one…
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Arvin Peltz v. Dist. Court OF Appeal, 605 So. 2d 865 (Fla. 1992)…ss [*866] cross appeal. The appellate court also denied this motion and directed Arvin Peltz to file his brief by March 27, 1992. The untimely filing of a notice of appeal precludes the appellate court from exercising jurisdiction. Hawks v. Walker, 409 So. 2d 524 (Fla. 5th DCA 1982); Pitts v. State, 225 So. 2d 352 (Fla. 1st DCA 1969). Further, subject-matter jurisdiction cannot be conferred by waiver or consent. Board of Trustees of Internal Improvement Trust Fund v. Mobil Oil Corp., 455 So. 2d 412 (Fla. 2d…1 / 2
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David M. Dresdner, M.D., P.A. v. The Charter OAK Fire Ins. Co., 972 So. 2d 275 (Fla. 2d DCA 2008)…in 30 days of rendition of the order to be reviewed. Under the rule, a timely notice of appeal must be filed within thirty days of the rendition of the order to be reviewed in order for the appellate court to have jurisdiction. See Hawks v. Walker, 409 So. 2d 524, 525 (Fla. 5th DCA 1982). “Under Rule 9.110, the ‘[f]ailure to file any notice within the 30-day period constitutes an irremediable jurisdictional defect.’ ” Miami-Dade County v. Peart, 843 So. 2d 363, 364 (Fla. 3d DCA 2003) (alteration in original)…
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Dibble v. Dibble, 377 So. 2d 1001 (Fla. 3d DCA 1979)
- Genter v. State, 377 So. 2d 834 (Fla. 3d DCA 1979)