DAVID R. SAMPSON, APPELLANT/CROSS-APPELLEE,
v.
SANDRA K. SAMPSON, APPELLEE/CROSS-APPELLANT

Fla. 5th DCA | 1990-08-23
No. 89-1580
PETERSON, J., and McNEAL, R.T., Associate Judge, concur.
566 So. 2d 831 Florida District Court of Appeal, Fifth District (1990) Positive Treatment
Cited by 6 cases
Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

David R. Sampson appeals his final judgment of dissolution of marriage. He urges that the court erred in requiring that he continue to pay child support to his adult daughter as long as she remains a full-time student. The trial court construed the father’s testimony at trial that he wanted to help his children “any way that [he] can” as an agreement to continue court-ordered support through college. This was error and we reverse. See, e.g., Grapin v. Grapin, 450 So. 2d 853 (Fla.1984).

The wife’s cross-appeal was neither filed within ten days of service of appellant’s notice of appeal nor within 30 days from the rendition of the final judgment as required by Rule 9.110(g), Rules of Appellate Procedure. It is thus untimely. While the timing of the filing of the cross-appeal is not jurisdictional, there was no motion for leave of court to permit the late filing thus there is nothing of record to explain why the rule should not be enforced. See Dellecese v. Value Rent-a-Car and Cigna and Feisco, 543 So. 2d 440 (Fla. 1st DCA 1989).

Appeal REVERSED and the cross-appeal is DISMISSED.

PETERSON, J., and McNEAL, R.T., Associate Judge, concur.

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Cited By

  • Graham Marquis Greene v. Suhor, 783 So. 2d 290 (Fla. 5th DCA 2001)
    …trial court should have ruled and granted her motion for attorney’s fees. The notice of cross-appeal is untimely and the mother did not move for leave of this court to permit the late filing. Thus we dismiss the cross-appeal. See Sampson v. Sampson, 566 So. 2d 831 (Fla. 5th DCA 1990). Modification Order REVERSED; REMANDED for further proceedings; Cross-Appeal DISMISSED. PETERSON and PLEUS, JJ., concur.…
  • Cornerstone Dev. Grp., Inc. v. Haraway, 1 So. 3d 1277 (Fla. 1st DCA 2009)
    …leave to permit late filing of notice of cross appeal in appellate case number 1D08-4291. See Walker v. State, 457 So. 2d 1136 (Fla. 1st DCA 1984); Brickell Bay Club Condo. Ass’n v. Forte, 379 So. 2d 1334 (Fla. 3d DCA 1980). Cf, Sampson v. Sampson, 566 So. 2d 831 (Fla. 5th DCA 1990) (dismissing cross appeal where there was no motion for leave of court to permit the late filing); Dellecese v. Value Rent A Car, 543 So. 2d 440 (Fla. 1st DCA 1989) (same). DAVIS, BENTON and BROWNING, JJ., concur.…
  • Wilkinson v. Claudette A. Wilkinson, 203 So. 3d 186 (Fla. 5th DCA 2016)
    …the final [*189] judgment was issued. See Fla. R. App. P. 9.110(g). Because she did not move for leave to permit the late filing, her cross-appeal is dismissed. See Greene v. Suhor, 783 So. 2d 290, 292 (Fla. 5th DCA 2001) (citing Sampson v. Sampson, 566 So. 2d 831 (Fla. 5th DCA 1990)). AFFIRMED IN PART; REVERSED IN PART; and REMANDED. COHEN, WALLIS and LAMBERT, JJ., concur. . Former Wife also seeks clarification regarding Former Husband’s request for alimony. The trial court did not award Former Husband al…

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