DEBORAH R. HOLMES, APPELLANT,
v.
BROWN, TERRELL, HOGAN, ELLIS, ET AL., APPELLEES
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The court dismissed the appeal for lack of jurisdiction because the notice of appeal was filed nearly five years after the order was rendered, far exceeding the 30-day filing deadline.
An appeal must be dismissed for lack of jurisdiction when the notice of appeal is not filed within 30 days of the order's rendition, and this jurisdictional requirement cannot be waived.
[1] Orders of judges of compensation claims become final 80 days after mailing unless timely appealed, and a notice of appeal must be filed within 30 days of rendition to inv…
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Join FLexlaw to unlock all legal intelligenceAppellant filed a notice of appeal on April 5, 2010, seeking review of an order rendered on September 13, 2005—approximately 4 years and 7 months late…
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Appellant’s response to this court’s order to show cause dated April 7, 2010, failed to adequately illustrate why the appeal should not be dismissed as the notice of appeal was not timely filed. This court’s order specifically warned Appellant: “Failure to timely comply with this order may result in the imposition of sanctions, which may include dismissal of the appeal, without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.” By notice of appeal filed April 5, 2010, Appellant seeks review of an order rendered September 13, 2005. Ac*920cordingly, we DISMISS this appeal for lack of jurisdiction. See § 440.25(5)(a), Fla. Stat. (2005) (providing that orders of judges of compensation claims “shall become final 80 days after mailing of copies of such order to the parties” unless timely appealed); Fla. R.App. P. 9.180(b)(3) (providing this court’s jurisdiction is invoked if notice of appeal is filed within thirty days of rendition of order to be reviewed); see also, e.g., Metellus v. State, 900 So.2d 491, 495 (Fla.2005) (noting jurisdictional rule cannot be altered by court or by agreement of parties); Troche v. BJ’s Wholesale Club, Inc., 954 So.2d 685, 686 (Fla. 1st DCA 2007) (“It is well settled that to be timely, a notice of appeal must be filed in the appropriate court within the appropriate time period.”); Metro. Dade County v. Vasquez, 659 So.2d 355, 356 (Fla. 1st DCA 1995) (dismissing untimely appeal for lack of jurisdiction).
DAVIS, CLARK, and WETHERELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Mosley, 900 So. 2d 491 (Fla. 2004)
- Clark v. State, 954 So. 2d 685 (Fla. 1st DCA 2007)
- Metro. Dade Cnty. v. Vasquez, 659 So. 2d 355 (Fla. 1st DCA 1995)