DEBORAH ANN SHIELDS, APPELLANT,
v.
COLONIAL PENN INSURANCE COMPANY, APPELLEE
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Florida appellate court dismissed an appeal for lack of jurisdiction because the notice of appeal was filed after the 30-day deadline, holding that timely mailing does not satisfy the filing requirement.
A notice of appeal must be filed within 30 days of rendition of the order to be reviewed; timely mailing does not satisfy the filing requirement, and Rule 9.420(d) does not extend the deadline for filing a notice of appeal.
[1] Timely mailing of a notice of appeal does not satisfy the jurisdictional filing requirement; only actual filing within the 30-day period invokes appellate jurisdiction.
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Join FLexlaw to unlock all legal intelligence“[j]urisdiction of the Court ... shall be invoked by filing two copies of a notice ... within 30 days of rendition of the order to be reviewed”
The court quoted the appellate rule to establish that jurisdiction depends on the filing date, not the mailing date.
Appellant Shields filed a notice of appeal in a case against Colonial Penn Insurance Company, but the notice was mailed within the jurisdictional time…
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ORFINGER, Judge.
The notice of appeal was filed too late, so we have no jurisdiction and the appeal is dismissed. In response to a sua sponte order to show cause why the appeal should not be dismissed, appellant argues that because the notice of appeal was mailed within the jurisdictional time limit, the appeal is timely. Unfortunately, timely mailing does not suffice. Florida Rule of Appellate Procedure 9.110(b) provides that “[j]urisdiction of the Court ... shall be invoked by filing two copies of a notice ... within 30 days of rendition of the order to be reviewed” (emphasis added). Thus, the filing date determines jurisdiction, not the mailing date. See Southeast First National Bank of Miami v. Herin, 357 So. 2d 716 (Fla.1978); Bouchard v. State, Dept. of Business Regulation, Div. of Alcoholic Beverages and Tabacco, 448 So. 2d 1126 (Fla. 2d DCA 1984). Appellant erroneously relies on Rule 9.420(d) to extend the thirty day time limit by five additional days because the notice was mailed. That rule does not apply to the filing requirement of a notice of appeal. Bouchard, supra. Here, the last day for filing the notice of appeal was March 23, 1987. Because the notice was filed after that date, we have no jurisdiction.
APPEAL DISMISSED.
UPCHURCH, C.J., and SHARP, J., concur.
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Dominguez v. Barakat, 609 So. 2d 664 (Fla. 3d DCA 1992)…” [e.s.] See Grabarnick v. Florida Homeowners Ass’n, 419 So. 2d 1065 (Fla.1982);1 D’Best Laundromat, Inc. v. Janis, 508 So. 2d 1325 (Fla. 3d DCA 1987); Wilson v. Clark, 414 So. 2d 526 (Fla. 1st DCA 1982); see also Shields v. Colonial Penn Ins. Co., 513 So. 2d 1363 (Fla. 5th DCA 1987); Bouchard v. State Dep’t of Business Regulation, 448 So. 2d 1126 (Fla. 2d DCA 1984). by mail.” [emphasis For this reason, this appeal, filed on November 20, 1991, only after the untimely motion for rehearing had been denied on…
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Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990)…v. Florida Department of Legal Affairs, 387 So. 2d 459 (Fla. 1st DCA 1980); Franchi v. Florida Department of Commerce, Division of Employment Security, Board of Review, 375 So. 2d 1154 (Fla. 4th DCA 1979). Cf. Shields v. Colonial Penn Insurance Co., 513 So. 2d 1363 (Fla. 5th DCA 1987) (timely mailing of notice of appeal within 30 days does not suffice). APPEAL DISMISSED. DANIEL, C.J., and COWART and GOSHORN, JJ., concur.…
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Walker v. Walker, 844 So. 2d 753 (Fla. 1st DCA 2003)…PER CURIAM. DISMISSED. See Shields v. Colonial Penn Ins. Co., 513 So. 2d 1363 (Fla. 5th DCA 1987). BOOTH, WOLF and KAHN, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Conrad F. and Shirley Bouchard v. State, 448 So. 2d 1126 (Fla. 2d DCA 1984)
- Se. First Nat'l Bank OF Miami v. The Honorable William A. Herin, 357 So. 2d 716 (Fla. 1978)