JAMMIE FEATHERSTONE, APPELLANT,
v.
JAMES S. MCCRANIE, JENNIFER L. HOLMAN, CHASE MANHATTAN MORTGAGE COMPANY, JOHN AND JANE DOE, 1-30, AND WARREN WILSON COOK OF FIRST NATIONAL LAND TITLE COMPANY, CRESTVIEW FLORIDA, APPELLEES

Fla. 1st DCA | 2006-06-16
No. 1D06-0247
BENTON, POLSTON, and THOMAS, JJ., concur.
931 So. 2d 250 Florida District Court of Appeal, First District (2006) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of May 5, 2006, the Court has determined that it lacks jurisdiction to review the orders on appeal.

The appellant’s notice of appeal, which was filed in the lower tribunal on January 10, 2006, failed to timely invoke the Court’s jurisdiction to review either the April 18, 2005, order or the December 7, 2005, order. Although the appellant served her notice of appeal within 30 days, Florida Rule of Appellate Procedure 9.110(b) requires that the notice be filed within 30 days. Furthermore, the Court also lacks jurisdiction to review the lower tribunal’s January 9, 2006, order. The order is a non-appealable interlocutory order on a motion for leave to amend the counterclaim. See Villareal v. Craig, 813 So. 2d 984 (Fla. 1st DCA 2002)(holding that order on a motion for leave to amend a complaint is not an appealable order). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. In light of the dismissal, all pending motions are denied as moot.

BENTON, POLSTON, and THOMAS, JJ., concur.


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  • Uniteramerica, Inc. v. Farmers & Merchs. Bank, 956 So. 2d 1272 (Fla. 1st DCA 2007)
    …PER CURIAM. Having considered the appellant’s response to the Court’s order of April 16, 2007, this appeal is hereby DISMISSED. Featherstone v. McCranie, 931 So. 2d 250 (Fla. 1st DCA 2006); Traveler v. Steiner Transocean Ltd., 895 So. 2d 1191 (Fla. 3d DCA 2005). WOLF, DAVIS, and THOMAS, JJ., concur.…

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