WALTER CRAPP, APPELLANT,
v.
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An appellate court lacks jurisdiction if the notice of appeal is not timely filed, and jurisdiction cannot be conferred by court action or stipulation.
Appellant filed a timely notice of appeal, withdrew it, and then refiled it one day late. Appellant sought to have the refiled notice considered nunc …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Nunc Pro Tunc Order cases and more on FLexlaw
RAMIREZ, J.
On Motion to Dismiss
The appellee, Criminal Justice Standards and Training Commission, has raised the timeliness of this appeal. For the reasons that follow, we dismiss the appeal.
The appellant, Walter Crapp, is seeking review of a final order from a lower administrative tribunal. Pursuant to rule 9.110(c), Florida Rules of Appellate Procedure, Crapp must file a notice of appeal within thirty days of rendition of the order to be reviewed. In this case, the order under review was filed on December 27, 1999. On January 25, 2000, Crapp filed a timely notice of appeal, but on January 26, 2000, he inexplicably withdrew his notice. On January 27, 2000, he refiled the notice of appeal, this time untimely. Crapp asks us to consider the refiled notice nunc pro tunc to January 25, 2000, but cites no authority for this procedure. We decline to do so and therefore dismiss the appeal.
An appellate court cannot exercise jurisdiction over a cause where a notice of appeal has not been timely filed. State ex rel. Cantera v. District Ct.App., Third Dist., 555 So. 2d 360, 362 (Fla.1990)(citing Hawks v. Walker, 409 So. 2d 524 (Fla. 5th DCA 1982) and Pitts v. State, 225 So. 2d 352 (Fla. 1st DCA 1969)). The jurisdiction of a court is of primary consideration. It is a question that can be raised at any time by any interested party or by the court, because jurisdiction derives only from constitutional or statutory authority or in consequence of fundamental common-law principles. Lovett v. City of Jacksonville Beach, 187 So. 2d 96, 99 (Fla. 1st DCA 1966). Thus, jurisdiction “cannot be conferred by stipulation or endowed by action of the court.” Id.
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Miami-Dade Cnty. v. Peart, 843 So. 2d 363 (Fla. 3d DCA 2003)…r lack of jurisdiction. The circuit court, via a clerk’s order, denied the County’s motion without explanation. We find that respondents’ notice of appeal was untimely under Rule 9.110(c). See Crapp v. Criminal Justice Standards & Training Comm’n, 753 So. 2d 787 (Fla. 3d DCA 2000) (finding that an appeal from a lower administrative tribunal was untimely where the notice of appeal was filed 2 days late); Hawks v. Walker, 409 So. 2d 524, 525 (Fla. 5th DCA 1982) (finding that a notice of appeal filed two days…
-
Rice v. Freeman, 939 So. 2d 1144 (Fla. 3d DCA 2006)…” Miami-Dade County v. Peart, 843 So. 2d 363, 364 (Fla. 3d DCA 2003) (quoting First Nat’l Bank in Fort Myers v. Florida Unemployment Appeals Comm’n, 461 So. 2d 208, 208 (Fla. 1st DCA 1984)); see Crapp v. Criminal Justice Standards & Training Comm’n, 753 So. 2d 787, 787 (Fla. 3d DCA 2000) (finding that an appeal from a lower administrative tribunal was untimely where the notice of [*1146] appeal was filed 2 days late); Hawks v. Walker, 409 So. 2d 524, 525 (Fla. 5th DCA 1982) (finding that a notice of appeal fi…
-
Bramblett v. State, 15 So. 3d 839 (Fla. 1st DCA 2009)…This coui’t’s jui’isdiction may be ‘Taised at any time ... because jurisdiction derives only from constitutional or statutory authority or in consequence of fundamental common-law principles.” Crapp v. Criminal Justice Standards & Training Comm’n, 753 So. 2d 787 (Fla. 3d DCA 2000). “[Jjurisdiction ‘cannot be con-fen-ed by stipulation or endowed by action of the court.’ ” Id., (quoting Lovett v. City of Jacksonville Beach, 187 So. 2d 96, 99 (Fla. 1st DCA 1966)). Because this court is constrained to act only…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hawks v. Walker, 409 So. 2d 524 (Fla. 5th DCA 1982)
- State of Fla. ex rel. Eduardo Cantera v. Dist. Court OF Appeal, 555 So. 2d 360 (Fla. 1990)
- Lovett v. The City OF Jacksonville Beach, 187 So. 2d 96 (Fla. 1st DCA 1966)
- Silly W. Pitts v. State, 225 So. 2d 352 (Fla. 1st DCA 1969)