JACKIE LEWIS MORGAN, APPELLANT,
v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD, APPELLEE

Fla. 1st DCA | 2007-08-03
No. 1D07-2885
BROWNING, C. J., BENTON, and VAN NORTWICK, JJ, concur.
962 So. 2d 997 Florida District Court of Appeal, First District (2007) Positive Treatment
Cited by 15 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Having considered the appellant’s response to this Court’s June 6, 2007, order on timeliness, this appeal is hereby dismissed for lack of jurisdiction because the notice of appeal did not timely invoke the Court’s jurisdiction. This dismissal is without prejudice to the appellant’s right to seek any relief from the agency that is available. See Durando v. Palm Beach County, 719 So. 2d 1258 (Fla. 1st DCA 1998).

BROWNING, C. J., BENTON, and VAN NORTWICK, JJ, concur.


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  • Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)
    …Inc., 842 So. 2d 204, 206 (Fla. 3d DCA 2003); see also Fox v. Madsen, 12 So. 3d 1261, 1262 (Fla. 4th DCA 2009) (“A legal issue surrounding a statute of limitations question is an issue of law subject to de novo review.” (quoting Hamilton v. Tanner, 962 So. 2d 997, 1000 (Fla. 2d DCA 2007))). A motion to dismiss tests the legal sufficiency of the complaint. Greene, 926 So. 2d at 1199. In determining the merits of a motion to dismiss, the trial court must limit itself to the four corners of the complaint, incl…
  • Desylvester v. The Bank OF NEW York Mellon, 219 So. 3d 1016 (Fla. 2d DCA 2017)
    …SION We apply a de novo standard of review to the issue of the application of the statute of limitations to the Bank’s action for foreclosure. Nationstar Mortg., LLC v. Sunderman, 201 So. 3d 139, 140 (Fla. 3d DCA 2015); see also Hamilton v. Tanner, 962 So. 2d 997, 1000 (Fla. 2d DCA 2007) (“A legal issue surrounding a statute of limitations question is an issue of law subject to de novo review.”). Mr. Desylvester argues that the trial court erred in entering the final judgment of foreclosure in favor of the…
  • FOX v. Madsen, 12 So. 3d 1261 (Fla. 4th DCA 2009)
    …or injunction and is governed by the five-year statute of limitations set forth in section 95.11(2)(b), Florida Statutes. “A legal issue surrounding a statute of limitations question is an issue of law subject to de novo review.” Hamilton v. Tanner, 962 So. 2d 997, 1000 (Fla. 2d DCA 2007) (citing Chrestensen v. Eurogest, Inc., 906 So. 2d 843, 344 (Fla. 4th DCA 2005)). We agree that this action is governed by the longer limitations period. [*1263] The Foxes assert that the situation in this case is nearly iden…

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