BRENDA BURKETTE, PETITIONER,
v.
JO ANN SHARP, RESPONDENT
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Brenda Burkette petitioned for a writ of certiorari to review a circuit court order dismissing her appeal as untimely. The appellate court granted the petition, finding that the circuit court applied incorrect law regarding when an order is considered 'renditioned' for purposes of the notice of appeal deadline.
The appeal was timely. Under Florida Rule of Appellate Procedure 9.020(h), 'rendition' occurs when the signed order is filed with the clerk of the court, not when it is signed. Since Burkette's notice of appeal was filed within thirty days of the order being filed (May 28, 1999 was within thirty days of April 29, 1999), it properly invoked the court's jurisdiction.
[1] A notice of appeal is timely filed if it is filed within thirty days of the rendition of the order to be reviewed, where rendition is defined as the date the signed order…
[2] A circuit court errs by dismissing an appeal as untimely when the notice of appeal was filed within thirty days of the filing of the order, even if the order was signed e…
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Join FLexlaw to unlock all legal intelligence“Florida Rule of Appellate Procedure 9.020(h) defines rendition as when the signed order is filed with the clerk of the court.”
Establishes that rendition occurs upon filing, not signing, which is the critical distinction for calculating the appeal deadline.
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Join FLexlaw to unlock all legal intelligenceBurkette attempted to appeal a final judgment from county court. The order she sought to appeal was signed on April 22, 1999, but not filed until Apri…
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PER CURIAM.
Brenda Burkette has filed a petition for writ of certiorari requesting this court to review an order of the circuit court dismissing an appeal from a final judgment issued in county court. Because the circuit court sitting in its appellate capacity applied the incorrect law, we grant the petition for certiorari, quash the order of the circuit court, and remand for circuit court to consider Burkette’s appeal on its merits.1
Burkette’s appeal was dismissed by the circuit court as untimely filed. Although the order that Burkette attempted to challenge in her appeal was signed on April 22, 1999, it was not filed until April 29, 1999. Her notice of appeal was filed on May 28, 1999. Florida Rule of Appellate Procedure 9.110(b) provides that jurisdiction of the court is invoked by filing the notice of appeal within thirty days of rendition of the order to be reviewed. Florida Rule of Appellate Procedure 9.020(h) defines rendition as when the signed order is filed with the clerk of the court. Consequently, the notice was timely filed, and the circuit court applied the incorrect law when it dismissed the appeal as untimely. See Haines City Community Dev. v. Heggs, 658 So. 2d 523, 530 (Fla.1995).
Petition granted; order of the circuit court quashed; remanded for further proceedings.
CAMPBELL, A.C.J., and GREEN and DAVIS, JJ., Concur. . The respondent, Jo Ann Sharp, asserts that Burkette’s petition for certiorari was untimely filed in this court. Contrary to Sharp’s contention that Burkette’s motion for rehearing filed in the circuit court is not an authorized motion, the motion for rehearing is authorized under Florida Rule of Appellate Procedure 9.020(h). Burkette's certiorari petition was filed within thirty days of rendition of the order denying the motion for rehearing, and properly invoked the jurisdiction of this court. See Fla. R.App. P. 9.100(c)(1).
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Citator
Cited By
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Wibbens v. State, 956 So. 2d 503 (Fla. 1st DCA 2007)…t order has not [*505] yet begun and there is no rendered order for the circuit court to review. Mitchell v. Leon County Sch. Bd., 591 So. 2d 1032 (Fla. 1st DCA 1991); see also Sibley v. State, 876 So. 2d 1278 (Fla. 5th DCA 2004); Burkette v. Sharp, 752 So. 2d 77 (Fla. 2d DCA 2000). The circuit court therefore correctly dismissed the certiorari petition, although for the wrong reason. The petition for writ of mandamus must accordingly be denied, but this disposition is without prejudice to petitioner’s right…
Authorities Cited
- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)