EDWARD LOUIS TURNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Turner appealed the denial of his post-conviction relief motion, but filed his notice of appeal 32 days after the order was rendered. He argued that Florida Rule of Appellate Procedure 9.420(d) provided an additional 5-day extension for mail service, but the court held that this rule does not apply to notices of appeal and dismissed the appeal for lack of jurisdiction.
Rule 9.420(d) does not allow an additional 5 days for the filing of a notice of appeal by mail. The 30-day deadline runs from rendition (filing) of the signed written order with the clerk, not from service of that order, and the 5-day mail extension applies only to time periods triggered by service of documents.
[1] A notice of appeal must be filed within 30 days of the rendition of the order or judgment to be reviewed.
[2] Rendition of an order means the filing of a signed written order with the clerk of the lower tribunal.
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Join FLexlaw to unlock all legal intelligence“Rendition means the filing, not service of, a signed written order with the clerk of the lower tribunal (Rule 9.020(g)).”
Establishes that the 30-day appeal deadline runs from filing of the order, not from service, which is critical to determining whether Rule 9.420(d) applies.
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Join FLexlaw to unlock all legal intelligenceA signed written order denying Turner's motion for post-conviction relief was filed on December 8, 1989. Turner mailed his notice of appeal, which was…
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PER CURIAM.
Florida Rule of Appellate Procedure 9.110(b) requires that a notice of appeal be filed within 30 days of rendition of the order or judgment to be reviewed. A signed written order denying the defendant’s motion for post-conviction relief (Fla. R.Crim.P. 3.850) was filed on December 8, 1989. The defendant mailed his notice of appeal which was filed with the clerk of the lower tribunal on January 9, 1990. The defendant argues that Florida Rule of Appellate Procedure 9.420(d) affords him an additional 5 days to the 30 day limitation contained in Rule 9.110(b).
Rule 9.420(d) provides that whenever a party is required or permitted to do an act within some prescribed time after service of a document which document was served by mail, five additional days shall be added to the prescribed period. A notice of appeal is required to be filed within a prescribed period (30 days) after rendition of the appealed order. Rendition means the filing, not service of, a signed written order with the clerk of the lower tribunal (Rule 9.020(g)).
Rule 9.420(d) does not allow an additional 5 days for the filing of a notice of appeal by mail. See Bouchard v. State, Dept. of Business Regulation, Div. of Alcoholic Beverages and Tobacco, 448 So. 2d 1126 (Fla. 2d DCA 1984); Speed 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Bell v. U.S.B. Acquisition Co., Inc., 734 So. 2d 403 (Fla. 1999)…mailing rule will only provide an additional five days when an act is required to be done within some time after service of a document, and not when an act is required to be done after the rendition or filing of an order. See, e.g., Turner v. State, 557 So. 2d 939, 939 (Fla. 5th DCA 1990); Bouchard v. State, Dep’t of Bus. Reg., 448 So. 2d 1126, 1126-27 (Fla. 2d DCA 1984). The Fourth District in this case calculated the thirty-day peri [*413] od as beginning from the date the order was “entered and mailed,” th…1 / 2
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Davis v. State, 770 So. 2d 180 (Fla. 1st DCA 2000)…PER CURIAM. DISMISSED. Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990). WEBSTER, PADOVANO and BROWNING, JJ„ concur.…
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Miccosukee Tribe OF Indians OF Florida v. Lewis, 122 So. 3d 504 (Fla. 3d DCA 2013)…. Rule 2.514(b) affords no additional time when a rule (in this case rule 9.100(c)(1)) requires a party to act within a specified time after rendition of an order. See e.g., Bell v. U.S.B. Acquisition Co., 734 So. 2d 403 (Fla.1999); Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990); Bouchard v. State, Dep’t of Bus. Regulation, 448 So. 2d 1126 (Fla. 2d DCA 1984). The petition was required to be filed within thirty days of the order rendered on July 15, 2013. Because the petition was filed on August 19, 2013…
Previewing 3 of 11 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)
- Franchi v. Fla. Dep't of Commerce, 375 So. 2d 1154 (Fla. 4th DCA 1979)
- Speed v. Fla. Dep't of Legal Affairs, 387 So. 2d 459 (Fla. 1st DCA 1980)
- Shields v. Colonial Penn Ins. Co., 513 So. 2d 1363 (Fla. 5th DCA 1987)