BENJAMIN HOPKINS
v.
RICKY DIXON, ETC., ET AL.
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An appellate court lacks jurisdiction to hear an appeal when the notice of appeal is not filed within 30 days of rendition of the order being appealed.
[1] The 30-day deadline for filing a notice of appeal under Florida Rule of Appellate Procedure 9.110(b) is a jurisdictional requirement, and failure to comply deprives the a…
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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.”
Court's explanation of the jurisdictional bar to hearing the appeal
Benjamin Hopkins filed a notice of appeal on March 28, 2025, challenging the trial court's February 14, 2025 order denying his petition for writ of ha…
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Third District Court of Appeal State of Florida
Opinion filed June 11, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-0607 Lower Tribunal No. F24-13346 ________________
Benjamin Hopkins, Appellant,
vs.
Ricky Dixon, etc., et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Carlos Lopez, Judge.
Benjamin Hopkins, in proper person.
James Uthmeier, Attorney General, and Christopher M. Sutter, Senior Assistant Attorney General (Ft. Lauderdale), for appellee Ricky D. Dixon, Secretary of the Florida Department of Corrections.
Before EMAS, LINDSEY, and LOBREE, JJ.
PER CURIAM.
2
Appellant Benjamin Hopkins filed a Notice of Appeal on March 28, 2025, seeking relief from the trial court’s “Amended Order Denying Petition for Writ of Habeas Corpus.” That Order was rendered February 14, 2025. Because this Notice of Appeal was not filed within 30 days of rendition of the Order appealed, we are compelled to dismiss the appeal for lack of jurisdiction. See Fla. R. App. P. 9.110(b); Am. Auto. Ass’n v. C.D.S. Towing & Recovery Inc., 805 So. 2d 1064, 1065 (Fla. 3d DCA 2002) (“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.” (quoting Tyler v. State, Governor Chiles, 718 So. 2d 811, 812 (Fla. 2d DCA 1997))).
Dismissed.