ASHLEY MARIE SKILTON
v.
DAVID MORDEKHAY
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An untimely appeal cannot be revived by obtaining a new order to the same effect as the original and then filing a notice of appeal within thirty days of the more recent order.
“An untimely appeal cannot be revived by obtaining a new order to the same effect as the original and then filing the notice of appeal within thirty days of the more recent order.”
Caldwell v. Wal-Mart Stores, Inc., 980 So. 2d 1226, 1229 (Fla. 1st DCA 2008)
Skilton appealed from a trial court order regarding temporary relief in a family law matter. The appellant's appeal was untimely, and she attempted to…
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PER CURIAM.
Affirmed. See, inter alia, Caldwell v. Wal-Mart Stores, Inc., 980 So. 2d 1226, 1229 (Fla. 1st DCA 2008) (“An untimely appeal cannot be revived by obtaining a new order to the same effect as the original and then filing the notice of appeal within thirty days of the more recent order.”); A.L. v. Dep't of Children & Families, 958 So. 2d 606, 607 (Fla. 4th DCA 2007) (“In the absence of an adequate transcript on appeal, a judgment that is not fundamentally erroneous must be affirmed.") (cleaned up) (quotation omitted); Riddle v. Riddle, 214 So. 3d 694, 696 (Fla. 4th DCA 2017) ("Temporary relief orders in family law cases are among the areas where trial judges have the very broadest discretion, which appellate courts are very reluctant to interfere with except under the most compelling of circumstances.”) (citations and quotations omitted). KLINGENSMITH, SHEPHERD and LOTT, JJ., concur. * * * Not final until disposition of timely-filed motion for rehearing.
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Citator
Authorities Cited
- A.L. v. Dep't of Child. & Families, 958 So. 2d 606 (Fla. 4th DCA 2007)
- Riddle v. Riddle, 214 So. 3d 694 (Fla. 4th DCA 2017)