COOK
v.
CAMDEN WESTCHASE PARK COMMUNITY BY AND THROUGH CAMDEN DEVELOPMENT, INC.

Fla. 2d DCA | 2025-04-23
No. 2024-1870
2025 FL 3354 Florida District Court of Appeal, Second District (2025)

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Synopsis

The Florida District Court of Appeal, Second District dismissed Cook's appeal for lack of jurisdiction because Cook failed to timely file a notice of appeal within the required thirty-day period after rendition of the final judgment.


Holding

The court lacked jurisdiction to consider the appeal because Cook failed to file a notice of appeal within thirty days of rendition of the final judgment, which constitutes an irremediable jurisdictional defect under Florida Rule of Appellate Procedure 9.110(b).


Headnotes

[1] An appellate court lacks jurisdiction to consider an appeal if the notice of appeal is not filed within the thirty-day period following the rendition of the challenged or…

[2] Filing a timely notice of appeal within thirty days of the rendition of a final judgment is required to invoke an appellate court's jurisdiction.

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Key Quotes

“An appellant invokes the court's jurisdiction by filing a notice of appeal within thirty days of rendition of the challenged order. A failure to timely file the notice 'deprives the appellate court of jurisdiction.'”

Establishes the mandatory thirty-day filing requirement and the jurisdictional consequence of failing to meet it.

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Facts & Procedural History

Cook filed an appeal in a case involving Camden Westchase Park Community and Camden Development, Inc., but failed to file the notice of appeal within …

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Per_curiam
Per Curiam

DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

NICHOLAS COOK,

Appellant,

v. CAMDEN WESTCHASE PARK COMMUNITY by and through CAMDEN DEVELOPMENT, INC.,

Appellee.

No. 2D2024-1870

April 23, 2025

Appeal from the County Court for Hillsborough County; Matthew A. Smith, Judge.

Nicholas Cook, pro se.

No appearance for Appellee.

PER CURIAM.

Dismissed. See Stern v. U.S. Bank Tr., N.A., 320 So. 3d 299, 299 (Fla. 2d DCA 2021) ("We dismiss this appeal for lack of jurisdiction because [the appellant] failed to file a timely notice of appeal directed to the final judgment . . . . An appellant invokes the court's jurisdiction by filing a notice of appeal within thirty days of rendition of the challenged order. A failure to timely file the notice 'deprives the appellate court of jurisdiction.' " (citations omitted)); see also Griffin v. Sistuenck, 816 So. 2d 600, 601 (Fla. 2002) ("Florida Rule of Appellate Procedure 9.110(b)

ATKINSON, SMITH, and LABRIT, JJ., Concur. Opinion subject to revision prior to official publication.

Footnotes
2 provides that jurisdiction of an appellate court to consider an appeal of a final order is invoked by filing . . . a notice of appeal 'within 30 days of rendition of the order to be reviewed.' Failure to file the notice within thirty days deprives the appellate court of jurisdiction to consider the appeal."); Stubbs v. Fed. Nat'l Mortg. Ass'n, 250 So. 3d 151, 153 (Fla. 2d DCA 2018) (explaining that the failure to file a notice of appeal within the thirty-day deadline set by rule 9.110(b) "constitutes an irremediable jurisdictional defect").

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