UNIVERSAL DEVELOPMENT CORPORATION AND USF & G, APPELLANTS,

v.

JOHNNY LAVINE, APPELLEE

Citator

Cited By (28 total)

• Miami-Dade Cnty. v. Peart, 843 So. 2d 363 (Fla. 3d DCA 2003)
  …notice of appeal that was filed one day late). Under Rule 9.110, the “[f]ailure to file any notice within the 30-day period constitutes an irremediable jurisdictional defect.” First Nat’l Bank in Fort Myers v. Florida Unemployment Appeals Comm’n, 461 So. 2d 208, 208 (Fla. 1st DCA 1984). Thus, the lower court should have dismissed Respondents’ appeal. Id.; see also Crapp, 753 So. 2d at 787 (“[a]n appellate court cannot exercise jurisdiction over a cause where a notice of appeal has not been timely filed”);…
• Millinger v. Broward Cnty. Mental Health Div. & Risk Mgmt., 672 So. 2d 24 (Fla. 1996)
  …t mailing, as opposed to filing, a notice within the thirty-day filing period is insufficient to preserve appellate rights. Coca Cola Foods v. Cordero, 589 So. 2d 961, 962 (Fla. 1st DCA 1991); First Nat’l Bank v. Florida Unemployment Appeals Comm’n, 461 So. 2d 208 (Fla. 1st DCA 1984). Moreover, Milling-er’s counsel admitted that he knew the notice had to be filed in the district court within the thirty-day filing period. Millinger, 655 So. 2d at 104. It was counsel’s responsibility to adequately supervise and…
• Coca Cola Foods & GAB v. Olivo Cordero, 589 So. 2d 961 (Fla. 1st DCA 1991)
  …am v. District Court of Appeal, 364 So. 2d 469 (Fla.1978); New Washington Heights Community Development Conference v. Department of Community Affairs, 515 So. 2d 328 (Fla. 3d DCA 1987); First National Bank v. Florida Unemployment Appeals Commission, 461 So. 2d 208 (Fla. 1st DCA 1984). Mailing the notice within the time period is not sufficient. First National Bank v. Florida Unemployment Appeals Commission, 461 So. 2d at 209. If the notice is not timely filed, we lack jurisdiction and must dismiss the appeal.…

Authorities Cited

• Hardware Mut. Cas. Co. v. MRS. Ruby Carlton, 151 Fla. 238 (Fla. 1942)
• Ralston Purina Co. & Aetna Life & Cas. Co. v. Byers, 457 So. 2d 1138 (Fla. 1st DCA 1984)