DOUGLAS WIMBERLY
v.
CELINK
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The First District Court of Appeal of Florida dismissed Wimberly's appeal for lack of jurisdiction, finding the notice of appeal was not timely filed within thirty days of the order to be reviewed.
The court lacks jurisdiction to hear the appeal because the notice of appeal was not timely filed within thirty days of rendition of the order to be reviewed, as required by Florida Rules of Appellate Procedure 9.110(b).
“It is the general rule that an original pleading is superseded by an amendment of it which does not express an intention to save any portion of the original pleading.”
Establishes the principle governing amendments to pleadings that were applied in this jurisdictional analysis
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Join FLexlaw to unlock all legal intelligenceWimberly filed an appeal in the First District Court of Appeal. However, the notice of appeal was not filed within the thirty-day period required by F…
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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
DOUGLAS WIMBERLY, Appellant,
V.
CELINK, Appellee.
No. 1D2024-0430
On appeal from the Circuit Court for Alachua County. Mark W. Moseley, Judge.
June 4, 2025
PER CURIAM.
The Court dismisses this appeal for lack of jurisdiction. See Baron Oil Co. v. Nationwide Mut. Fire Ins. Co., 470 So. 2d 810, 815 (Fla. 1st DCA 1985) (“It is the general rule that an original pleading is superseded by an amendment of it which does not express an intention to save any portion of the original pleading."); Fla. R. App. P. 9.110(b) (instructing that to invoke this Court's jurisdiction the notice of appeal must be filed within thirty days of rendition of the order to be reviewed).
ROBERTS, RAY, and M.K. THOMAS, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Douglas Wimberly, pro se, Appellant.
David Rosenberg, Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Boca Raton; and Mary Pascal Stella, Fidelity National Law Group, Fort Lauderdale, for Appellee.
2
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Citator
Authorities Cited
- Baron OIL Co. v. Nationwide Mut. Fire Ins. Co., 470 So. 2d 810 (Fla. 1st DCA 1985)