NEIL J. SAMUELS, PETITIONER,
v.
ROBERT LEON TANKEL AND KINGDOM MANAGEMENT INC., RESPONDENTS

Fla. 1st DCA | 2015-01-23
No. 1D14-4600
Roberts, J., Ray, J., Makar, J.
162 So. 3d 156 Florida District Court of Appeal, First District (2015) Positive Treatment

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Synopsis

The court denied certiorari review because the circuit court properly dismissed the appeal for lack of jurisdiction due to untimely filing of the notice of appeal.


Holding

A circuit court lacks jurisdiction to entertain an appeal when the notice of appeal is not filed within 30 days of rendition of the appealable order.


Headnotes

[1] An appellate court lacks jurisdiction to entertain an appeal when the notice of appeal is not filed within 30 days of rendition of the appealable order, and this jurisdic…

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Facts & Procedural History

Samuels appealed a foreclosure judgment from county court to circuit court, but failed to file his notice of appeal within the required 30-day period.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Neil Samuels petitions the court for cer-tiorari review of an order of the circuit court rendered in its appellate capacity. That order dismissed Samuels’ appeal in a foreclosure matter. Although petitioner argues at length that the underlying foreclosure proceeding in the county court was flawed in several respects, the circuit court did not reach the merits of those arguments. Instead, it concluded that it lacked jurisdiction to entertain the appeal because Samuels’ notice of appeal was not filed in a timely fashion.

We conclude that Samuels has failed to demonstrate any error in the circuit court’s conclusion that it did not possess jurisdiction to entertain the merits of his appeal. See Fla. R. App. P. 9.110(b) and 9.180(b) (requiring that an appellate court’s jurisdiction be invoked by filing a notice of appeal within 30 days of rendition of the appealable order for which review is sought). Because the circuit court’s ruling therefore does not amount to a violation of clearly established principles of law, we are compelled to deny his request for certiorari review. See Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885 (Fla.2003).

Accordingly, the petition for writ of cer-tiorari is DENIED.

ROBERTS, RAY, and MAKAR, JJ., concur.


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