JAMES ALLEN COLDIRON
v.
NICOLE V. BRYCE
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James Allen Coldiron appeals the dismissal of his replevin complaint against Nicole V. Bryce. The appellate court affirmed the dismissal on the grounds that Coldiron's notice of appeal was untimely filed approximately four months after the trial court's order, exceeding the 30-day requirement.
The appellate court affirmed the trial court's dismissal order because Coldiron's notice of appeal was not timely filed. The appeal was filed approximately four months after the May 2, 2007 dismissal order, exceeding the mandatory 30-day filing deadline.
[1] An appeal from a final order in a civil case must be filed within thirty days of the rendition of the final order.
[2] A dismissal for lack of prosecution constitutes a final order for purposes of appeal.
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Join FLexlaw to unlock all legal intelligence“A dismissal for lack of prosecution is a final order for purposes of appeal.”
Establishes that the trial court's dismissal order was a final, appealable order
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Join FLexlaw to unlock all legal intelligenceColdiron filed a replevin complaint on March 15, 2007, seeking recovery of personal and household goods from Bryce's possession. The lower court held …
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Appeal from the Small Claims Court, in and for Orange County, Florida.
James Allen Coldiron, pro se.
No appearance for Appellee.
Before ADAMS, WATTLES, and LAUTEN, JJ.
FINAL ORDER AFFIRMING TRIAL COURT
James Allen Coldiron (“Appellant”) appeals the lower court’s order dated August 24, 2007, denying his motion to reopen his complaint for replevin. This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(c)(1)(A). We dispense with oral argument. Fla. R. App. P. 9.320.
Appellant filed a complaint for replevin against Nicole V. Bryce (“Appellee”) on March 15, 2007, seeking the recovery of various personal and household goods from the possession of the Appellee. The lower court heard this case on May 1, 2007 at which time the Appellee appeared but the Appellant failed to appear. On May 2, 2007, the lower court judge issued an order reflecting the dismissal of the Appellant’s complaint. After the order of dismissal, a fairly cut and dry case became clogged with paperwork. Numerous notices, additional pleadings, and complaints were filed by the Appellant (or on his behalf) after the order of dismissal. Finally, on September 14, 2007, the Appellant filed his Notice of Appeal with this Court.
This appeal comes to this Court from an involuntary dismissal without prejudice for want of prosecution. As such the trial court's order constituted an appealable final order under Florida Rule of Appellate Procedure 9.030(c)(1)(A). Elegele v. Halbert, 890 So. 2d 1272, 1273 n.2 (Fla. 5th DCA 2005) (“A dismissal for lack of prosecution is a final order for purposes of appeal.”). Pursuant to Florida Rule of Appellate Procedure 9.110(b), an appeal from a final order in a civil case must be filed within thirty (30) days of rendition of the final order. In this instance, the appeal was not filed until approximately four months after the rendition of the trial court’s order of dismissal. The Appellant’s appeal was therefore not timely filed and the ruling of the trial court should be affirmed. Accordingly, it is hereby ORDERED AND ADJUDGED that the Trial Court’s “Order of Dismissal,” dated May 2, 2007, is AFFIRMED. DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida on this _22__day of ______July______, 2009.
_______/s/_________________________
GAIL A. ADAMS
Circuit Judge
__________/s/______________________ ________/s/_________________________ BOB WATTLES
FREDERICK J. LAUTEN Circuit Judge
Circuit Judge CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been furnished via U.S. mail on this _22___ day of ___July_______, 2009, to the following: James A. Coldiron, 15840 State Rd., Lot 198, Clermont, FL 34711; and Nicole V. Bryce, 2901 Hambleton Ave., Orlando, FL 32810.
_____________/s/____________________
Judicial Assistant