CHRISTOPHER LANGDON
v.
SUN LAKE MULTI-FAMILY HOLDINGS, LLC, ET AL
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Christopher Langdon appealed orders in a dispute with residential property management entities. The court dismissed the appeal of the dismissal order for lack of jurisdiction due to untimely filing, but affirmed the trial court's award of attorney fees and costs.
The court lacks jurisdiction to review the dismissal order because Langdon's notice of appeal was not filed within 30 days after rendition, which is a jurisdictional requirement. However, the court has jurisdiction over and affirms the order awarding attorney fees and costs, which was timely appealed.
[1] An untimely filing of a notice of appeal is a jurisdictional defect that precludes an appellate court from exercising jurisdiction over the appeal.
[2] An appellate court lacks jurisdiction to consider the merits of an appeal when the notice of appeal is not filed within the statutorily prescribed time period.
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Join FLexlaw to unlock all legal intelligence“The filing deadline is jurisdictional, and the untimely filing of a notice of appeal precludes the court from exercising jurisdiction over the appeal.”
Establishes that the 30-day notice of appeal deadline is jurisdictional and prevents appellate review when missed
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Join FLexlaw to unlock all legal intelligenceLangdon filed a Fourth Amended Complaint against Sun Lake Multi Family Holdings, LLC, Greystar Property Management, and individual defendants. The tri…
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PER CURIAM.
Christopher Langdon appeals an order dismissing with prejudice counts1 through 6 in his Fourth Amended Complaint against Defendants Sun Lake Multi Family Holdings, LLC, Greystar Property Management, Shawna Pollack, Angela Whitt, and Allison Murrell.1 Woodard, 62 So. 3d 19, 20 (Fla. 1st DCA 2011) (“The filing deadline is jurisdictional, and the untimely filing of a notice of appeal precludes the court from exercising jurisdiction over the appeal.”). Accordingly, Langdon’s appeal of the order dismissing with prejudice counts1 through 6 in his Fourth Amended Complaint is dismissed. There is, however, a separate order on an ancillary issue properly before this Court. Langdon timely filed a notice of appeal asking this Court to review an order awarding $37,678.25 in attorney fees and $331.92 in costs to Defendants Sun Lake Multi Family Holdings, LLC, Greystar Property Management, and Allison Murrell. Upon our review of this order, the parties’ briefs, and the record on appeal, we affirm the trial court’s award. DISMISSED in part; AFFIRMED in part. TRAVER, C.J., and NARDELLA and WHITE, JJ., concur.1 This case was transferred from the Fifth District Court of Appeal to this Court on January1, 2023.
Christopher Langdon, Winter Park, pro se.
Barry B. Johnson, of Miller Johnson Law, P.L., Altamonte Springs, for Appellee, Sun Lake Multi Family Holdings, LLC.
No Appearance for Appellees, Allison Murrell, Greystar Property Management, State of Florida, Evelyn Camacho, Robert Faith, Shawna Pollack, and Angela Whitt.