GOLD KING APARTMENTS, LLC, APPELLANT,
v.
PAUL DUMORNAY, ET AL., APPELLEES
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Court dismissed appeal for lack of jurisdiction because appellant failed to timely appeal the original final judgment and the amended judgment made no material changes, leaving the appeal untimely.
An amended final judgment that makes no material changes to an original final judgment does not restart the appeal deadline, and an appeal filed more than thirty days after the original judgment is untimely.
[1] An amended final judgment that restates an original judgment without material changes does not restart the appeal deadline under Florida law.
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Join FLexlaw to unlock all legal intelligenceGold King Apartments received a final judgment for sanctions on July 10, 2014. On August 15, 2014, Gold King filed a motion requesting the trial court…
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We dismiss the instant appeal for lack of jurisdiction. On July 10, 2014, the trial court' entered a final judgment for sanctions against the appellant, Gold King Apartments, LLC (“Gold King”), and its counsel, Pomeranz & Associates, P.A. Gold King did not appeal from the final judgment. Instead, on August 15, 2014, Gold King filed a motion in the trial court requesting that the trial court re-enter judgment. The trial court granted Gold King’s motion, and on September 18, 2014, entered an amended final judgment. The amended final judgment simply re-stated the, amount of sanctions as , set forth in the final judgment, and made no changes from the final judgment. Gold King filed a notice of appeal from the amended final judgment on September 29, 2014.
, It is established that where there is no material change between an original final judgment and an amended final judgment, there is no impact on the finality of the original final judgment for purposes of appeal. See Rice v. Freeman, 939 So.2d 1144 (Fla. 3d DCA 2006); see also Churchville v. Ocean Grove R.V. Sales, Inc., 876 So.2d 649, 651 (Fla. 1st DCA 2004) (“An amendment or modification of an order or judgment in an immaterial, insubstantial way does not restart the clock to file an appeal.”);' Wetherington v. Minch, 637 So.2d 967 (Fla. 5th DCA 1994). Because Gold King filed its notice of appeal more than thirty days after the rendition -of the original final judgment, this Court is without jurisdiction to consider the appeal. See Rice, 939 So.2d at 1145.
Accordingly, we dismiss, this untimely-filed appeal for lack of jurisdiction.
APPEAL DISMISSED.'
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A.B. v. Dep't of Child. & Families (Fla. 3d DCA 2024)…63, 164 (Fla. 4th DCA 2015) (dismissing for lack of jurisdiction an appeal from an amended final judgment that “did not materially change the original final judgment” but “only corrected a scrivener’s error”); Gold King Apts., LLC v. Dumornay, 190 So. 3d 650, 650 (Fla. 3d DCA 2016) (dismissing appeal for lack of jurisdiction where there was no “material change” between the original and amended final judgments, and the notice of appeal was filed more than thirty days after the original final judgment’s r…
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Towana Ford-Williams v. Xingu Props., LLC (Fla. 3d DCA 2026)…dlord’s claim for unpaid rent that was adjudicated in the March 5, 2024 final judgment, Tenant’s appeal is untimely and we are compelled to dismiss that portion of Tenant’s appeal for lack of jurisdiction. See Gold King Apartments, LLC v. Dumornay, 190 So. 3d 650, 650 (Fla. 3d DCA 2016) (“It is established that where there is no material change between an original final judgment and an amended final judgment, there is no impact on the finality of the original final judgment for purposes of appeal.”); Janelli…
Authorities Cited
- Churchville v. Ocean Grove R.V. Sales, Inc., 876 So. 2d 649 (Fla. 1st DCA 2004)
- Wetherington v. Minch, 637 So. 2d 967 (Fla. 5th DCA 1994)
- Minucci v. United Parcel Serv., Inc., 939 So. 2d 1144 (Fla. 1st DCA 2006)
- Rice v. Freeman, 939 So. 2d 1144 (Fla. 3d DCA 2006)