JOHN L. SCOTT, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES; BOARD OF COUNTY COMMISSIONERS, SUWANNEE COUNTY, FLORIDA; STATE OF FLORIDA, APPELLEES
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.
Appeal dismissed as untimely because appellant failed to demonstrate that the notice of appeal was filed within 30 days of the trial court's order or that a timely motion for rehearing had tolled the appeal deadline.
An appeal is untimely when the appellant fails to show that the notice of appeal was filed within 30 days of rendition of the trial court's order or that an authorized and timely motion for rehearing tolled the appeal period.
[1] A motion for rehearing tolls the time to file an appeal only when served within 10 days after the verdict or judgment, and timely service rather than timely filing determ…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“timely filing is of no moment, timely service is everything”
Discussing the requirement that a motion for rehearing must be timely served, not merely filed, to toll the appeal deadline.
Appellant John L. Scott appealed an order from the trial court involving the Department of Children and Families and Suwannee County Board of County C…
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 Rendition Of Judgment cases and more on FLexlaw
PER CURIAM.
Having considered appellant’s response to this Court’s order of October 3, 2001, the appeal is hereby dismissed as untimely. The appellant failed to carry his burden to show that the appeal was timely filed or that rendition of the order below had been delayed by an authorized and timely motion.
An authorized and timely motion for rehearing will toll the time to file a notice of appeal until disposition on the motion. See Fla. R.App. P. 9.020(h). However, for such a motion to be timely, it must be served no later than 10 days after the return of the verdict or filing of the judgment. See Fla. R. Civ. P. 1.530(b); Migliore v. Migliore, 717 So. 2d 1077 (Fla. 4th DCA 1998). Therefore, it is the date on which the motion for rehearing was served, and not its filing date, that determines whether it is timely, thus delaying rendition and tolling the time for filing an appeal. In this regard, “timely filing is of no moment, timely service is everything.” Pennington v. Waldheim, 669 So. 2d 1158, 1160 (Fla. 5th DCA 1996)(emphasis in original). The time to file an appeal expired 30 days after rendition of the order to be reviewed. Because the appellant has failed to show that rendition of the trial court’s order was delayed by a timely motion for rehearing, his notice of appeal was not timely filed.
DISMISSED.
ERVIN, BARFIELD, and BENTON, JJ„ CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jones v. Jones, 845 So. 2d 1012 (Fla. 5th DCA 2003)…o be reviewed. Fla. R.App. P. 9.100(b).2 A motion for rehearing delays rendition of a final order, see Rule 9.020(h), Florida Rules of Appellate Procedure,3 but only if the motion is timely, see, e.g., Scott v. State, Dept. of Children and Families, 804 So. 2d 486 (Fla. 1st DCA 2001). The fact that the former husband did not receive immediate notice of the rendition of the final judgment does not extend the time to file the notice of appeal. See Snelson v. Snelson, 440 So. 2d 477 (Fla. 5th DCA 1983). Furtherm…
-
Siddiq B.A. Asad v. McDONOUGH, 967 So. 2d 391 (Fla. 1st DCA 2007)…PER CURIAM. DISMISSED. See Fla. RApp. P. 9.020(h), 9.420(a)(2); Scott v. Fla. Dep’t of [*392] Child & Fam., 804 So. 2d 486 (Fla. 1st DCA 2001). All pending motions are denied as moot. KAHN, VAN NORTWICK, and HAWKES, JJ., concur.…
Authorities Cited
- Lenore Migliore v. Migliore, 717 So. 2d 1077 (Fla. 4th DCA 1998)
- Pennington v. Eddie C. Waldheim, Jr., M.D., 669 So. 2d 1158 (Fla. 5th DCA 1996)