JOHN G. THOMPSON, APPELLANT,
v.
PARK PLACE OF VENICE, INC., D/B/A, ADULT CARE MANAGEMENT CORPORATION AND FHM INSURANCE COMPANY/UNITED SELF INSURED SERVICES, APPELLEES
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The Florida appellate court upheld its jurisdiction over a workers' compensation appeal despite the notice of appeal being filed late with the lower tribunal but timely with the appellate court. The court held that Article V, section 2(a) of the Florida Constitution and appellate procedure rules permit timely filing with the appellate court to invoke jurisdiction, even when the notice was not filed with the correct lower tribunal.
The appellate court has jurisdiction. Although Rule 9.180(b)(2) requires the notice of appeal be filed with the lower tribunal within 30 days, a timely filing with the appellate court is sufficient to invoke appellate jurisdiction under Article V, section 2(a) of the Florida Constitution and Florida Rules of Appellate Procedure 9.040(b)(1) and (c).
[1] A notice of appeal filed with the appellate court, rather than the lower tribunal, may be deemed timely if appellate jurisdiction is otherwise invoked.
[2] Florida Rule of Appellate Procedure 9.180(b)(2) requires a notice of appeal to be filed with the lower tribunal that entered the order.
Previewing 2 of 5 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“Rule 9.180(b)(2) now limits the place for filing the notice of appeal to the lower tribunal that entered the order and not any judge of compensation claims as the former rule provided.”
Establishes the strict filing requirement under the 1997 rule amendment, which is the basis for the jurisdictional issue
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJohn Thompson appealed a workers' compensation order issued August 21, 2003, by a Judge of Compensation Claims in the Sarasota district office. A noti…
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PER CURIAM.
John Thompson seeks review of a final workers’ compensation order which was mailed to the parties on August 21, 2003. The final day to invoke this court’s jurisdiction was therefore Monday, September 22, 2003. Fla. R.App. P. 9.180(b)(2); 9.420(e). The order was issued by a Judge of Compensation Claims assigned to the Sarasota district office. A notice of appeal was filed in the St. Petersburg district office on September 22, transferred to the Sarasota district office, and received there on September 23. A notice of appeal was filed with this court on September 26. Ap-pellees move to dismiss the appeal, arguing that this court’s jurisdiction was not timely invoked. For the reasons set forth below, we deny the motion.
Under an earlier version of the applicable rule, a notice of appeal could be filed with any Judge of Compensation Claims. Rule 9.180 was adopted, effective January 1, 1997, and provides that the notice of appeal shall be filed “with the lower tribunal” within 30 days of mailing of the order. Fla. R.App. P. 9.180(b)(2). The Committee Notes state that:
Rule 9.180(b)(2) now limits the place for filing the notice of appeal to the lower tribunal that entered the order and not any judge of compensation claims as the former rule provided.
Amendments to the Florida Rules of Procedure, 685 So. 2d 773, 816 (Fla.1996). Our inquiry, however, does not end there.
In Dayan v. H.I. Development/Holiday Inn, 710 So. 2d 187 (Fla. 1st DCA 1998), this court addressed the problem of a notice of appeal in a workers’ compensation proceeding which was timely filed in the appellate court but not in the lower tribunal. It found that it had jurisdiction, relying upon Alfonso v. Department of Environmental Regulation, 616 So. 2d 44 (Fla.1993), which addressed a similar problem which arose when counsel filed a notice of appeal in the appellate court when attempting to appeal a final order of the circuit court.
We are similarly guided here by Kaweblum v. Thornhill Estates Homeowners Ass’n, Inc., 755 So. 2d 85 (Fla.2000). In Kaweblum, the only timely notice of appeal was filed with the Circuit Court for Broward County although review was sought of a judgment of the Circuit Court for Palm Beach County. The court found that appellate jurisdiction was timely invoked in this circumstance, and that this result was required by Article V, section 2(a), of the Florida Constitution and Florida Rules of Appellate Procedure 9.040(b)(1)and (c).
We conclude that the reasoning of Kaw-eblum applies with equal force to the instant matter, and that a different result cannot be justified simply because this case involves a workers’ compensation appeal. Accordingly, appellees’ motion to dismiss is hereby denied.
MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION DENIED.
ERVIN, BOOTH and KAHN, JJ., concur.
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Authorities Cited
- Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla. 1996)
- Cayetano E. Alfonso v. Dep't OF Env't Reg., 616 So. 2d 44 (Fla. 1993)
- Kaweblum v. Thornhill Ests. Homeowners Ass'n, Inc., 755 So. 2d 85 (Fla. 2000)
- Armand Dayan v. H.I. Development/Holiday INN, 710 So. 2d 187 (Fla. 1st DCA 1998)