MARY J. ROGERS, APPELLANT,
v.
JAMES CYRUS, APPELLEE
MARY J. ROGERS, APPELLANT,
JAMES CYRUS, APPELLEE
941 So. 2d 1196
Florida District Court of Appeal, First District (2006)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of August 29, 2006, the Court has determined that the appeal is untimely. The appellant’s notice of appeal seeking review of the lower tribunal’s February 15, 2006, order was filed on August 11, 2006, well beyond the 30-day time period within which review must be sought. Fla. R.App. P. 9.110(b). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. Any remedy available to the appellant lies with the lower tribunal rather than with this Court. Cf. Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998).
ALLEN, BENTON, and HAWKES, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Buckman v. Sergeant James A. Beighley and Officer T. Coleman, 128 So. 3d 133 (Fla. 1st DCA 2013)…grounds for relief under Rule 1.540(b). The present case is not one where relief is warranted because a party received no notice of entry of a judgment or final order before the time to file a notice of appeal had expired. Cf, e.g., Rogers v. Cyrus, 941 So. 2d 1196 (Fla. 1st DCA 2006); Broimi v. State, 708 So. 2d 1041, 1041-42 (Fla. 1st DCA 1998); Wol-darsky v. Woldarsky, 243 So. 2d 629, 630 (Fla. 1st DCA 1971). While clearly articulating his argument that the final judgment had to include advice that the par…
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Buckman v. Sergeant James A. Beighley and Officer T. Coleman, 65 So. 3d 49 (Fla. 1st DCA 2011)…PER CURIAM. DISMISSED. Rogers v. Cyrus, 941 So. 2d 1196 (Fla. 1st DCA 2006). DAVIS, LEWIS, and WETHERELL, JJ., concur.…
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Wilson v. Stenotype Inst. OF Jacksonville, Inc., 55 So. 3d 710 (Fla. 1st DCA 2011)…PER CURIAM. DISMISSED. See Rogers v. Cyrus, 941 So. 2d 1196 (Fla. 1st DCA 2006). KAHN, DAVIS, and HAWKES, JJ., concur.…
Authorities Cited
- Nugent Hutchins v. Gale Indus. & Scibal Assocs. of Fla., Inc., 708 So. 2d 1041 (Fla. 1st DCA 1998)
- Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998)