MEDLEY PLAZA, INC., APPELLANT,
v.
THE RAMA FUND, LLC, ETC., ET AL., APPELLEES
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Medley Plaza appeals a summary judgment, but the appellate court dismisses the case for lack of jurisdiction because the notice of appeal was filed 35 days after the trial court's denial of rehearing, exceeding the 30-day deadline under Florida Rule of Appellate Procedure 9.110(b). The court rejected the appellant's argument that Rule 2.514(b) provided an additional five days to file the appeal.
The notice of appeal was untimely. Rule 9.110(b) requires a notice of appeal from a final order to be filed within 30 days of rendition, and this deadline is jurisdictional. Rule 2.514(b) does not extend the time to file a notice of appeal because it applies only when a rule requires action within a specified time after service, not after rendition of an order.
[1] The time for taking an appeal is a jurisdictional requirement.
[2] An appellate court is precluded from exercising jurisdiction over an appeal when the notice of appeal is not filed within thirty days of the rendition of the order being…
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Join FLexlaw to unlock all legal intelligence“The time for taking an appeal is a jurisdictional requirement established by Florida Rule of Appellate Procedure 9.110(b). Where the notice of appeal is not filed within thirty days of rendition, the appellate court is precluded from exercising jurisdiction over the appeal.”
Establishes that the 30-day deadline is jurisdictional and mandatory
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Join FLexlaw to unlock all legal intelligenceSummary judgment was entered against Medley Plaza on March 10, 2016. Medley Plaza timely filed a motion for rehearing within 15 days, which tolled the…
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Medley Plaza, Inc., appeals a'final summary judgment. We dismiss the case for lack of jurisdiction because the notice of appeal was filed outside the jurisdictional time limits established by" Florida Rule of Appellate Procedure 9.110(b).
Unlike some rules that require a party to act within a specified time of service, Rule 9.110(b) requires a notice of appeal from a final order be filed within thirty days of the rendition of the order being appealed. “The time for taking an appeal is a. jurisdictional requirement established by Florida Rule of Appellate Procedure 9.110(b). Where the notice of appeal is not filed within thirty days of rendition, the appellate court is precluded from exercising jurisdiction over the appeal.” Am. Auto. Ass’n v. C.D.S. Towing & Recovery Inc., 805 So.2d 1064, 1065 (Fla. 3d DCA 2002) (citation and quotation omitted).
Summary judgment was entered against Medley Plaza on March 10, 2016. Within fifteen days, Medley Plaza filed a timely motion for rehearing which tolled the rendition of the judgment and the time for filing an appeal. Fla. R. App. P. 9.020(f). On May 2, 2016, however, the trial court denied rehearing. Medley Plaza did not file its notice of appeal until thirty-five days later on June 6, 2016. .
Medley Plaza argues that Florida'Rule of Judicial Administration 2.514(b) provides an additional five days to file the notice of appeal. Rule 2.514(b) reads “[wjhen a party may or must act within a specified time after service and service is made by mail or e-mail, 5 days are added after the period that would otherwise expire.” Medley Plaza’s reliance on-: rule 2.514(b) is misplaced. The additional five days provided by rule 2.514(b) does not operate to extend the time, to file- a notice of appeal. Instead, as this court has previously explained:
The additional, five-day time period applies when another rule requires a party to act within a specified time after service. Rule 2.514(b) affords no additional time when a rule ... requires a party to act within a specified time after rendition of an order.
Miccosukee Tribe of Indians of Fla. v. Lewis, 122 So.3d 504, 506 (Fla. 3d DCA 2013).
Because Medley Plaza filed its hoticé of appeal on June 6, 2016, thirty-five days after rendition of the order denying rehearing, the notice of appeal is untimely.
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Jockey Club Condo. Apts., Inc. v. B.V.K., LLC, 237 So. 3d 1118 (Fla. 3d DCA 2018)…t toll the time for filing a notice of appeal.” (Emphasis added.) ---PAGE 7--- appeal was therefore untimely and did not fix jurisdiction in this Court to review the September 30, 2016 Order. Id. at 376; Medley Plaza, Inc. v. The Rama Fund, LLC, 196 So. 3d 512 (Fla. 3d DCA 2016). B. The Rehearing Order 1. Separate review of a rehearing order generally prohibited We now address whether we have jurisdiction to review the Rehearing Order separately from the September 30, 2016 Order. Florida Rule of Appe…
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Driessen v. Breanna Oliver, 199 So. 3d 1074 (Fla. 3d DCA 2016)…trial court on July 12, 2016, more than thirty days after June 10, 2016, which is the date the order on appeal was rendered. The notice of appeal was therefore untimely and this court lacks jurisdiction. See Medley Plaza, Inc. v. The Rama Fund, LLC, 196 So. 3d 512 (Fla. 3d DCA 2016) (“Unlike some rules that require a party to act within a specified time of service, Rule 9.110(b) requires a notice of appeal from a final order be filed within thirty days of the rendition of the order being appealed.”). Dismis…
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Membreno v. Sofia Blancas, 207 So. 3d 336 (Fla. 3d DCA 2016)…, Rule 9.110(b) requires a notice of appeal from a final order be filed within thirty days of the rendition of the order being appealed.” Driessen v. Oliver, 199 So. 3d 1074, 1074 (Fla. 3d DCA 2016) (quoting Medley Plaza, Inc. v. The Rama Fund, LLC, 196 So. 3d 512 (Fla. 3d DCA 2016)). Dismissed.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wardell Sanders v. State, 805 So. 2d 1064 (Fla. 5th DCA 2002)
- Miccosukee Tribe OF Indians OF Florida v. Lewis, 122 So. 3d 504 (Fla. 3d DCA 2013)
- The Am. Auto. Ass'n. v. C.D.S. Towing & Recovery Inc., 805 So. 2d 1064 (Fla. 3d DCA 2002)