R. J. REYNOLDS TOBACCO COMPANY
v.
MICHAEL OLSON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FLOYD OLSON

Fla. 1st DCA | 2019-02-28
No. 18-4938
Wilkinson, Agee, Davis
264 So. 3d 409 Florida District Court of Appeal, First District (2019)

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Holding

An appeal is dismissed when the notice of appeal is filed more than 30 days after the trial court enters a final order.


Headnotes

[1] An appellate court lacks jurisdiction to hear an appeal when the notice of appeal is filed more than 30 days after entry of the trial court's final order, and the appella…

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Facts & Procedural History

R.J. Reynolds Tobacco Company appealed from a circuit court order denying its renewed motion for a directed verdict or new trial in a case brought by …

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Opinion of the Court

February 28, 2019 PER CURIAM.

Because the circuit court’s September 28, 2018, “Order Denying Defendant’s renewed Motion for a Directed Verdict or Alternatively for a New Trial,” was final, the notice of appeal filed on November 28, 2018, was untimely. Accordingly, this is appeal is dismissed. Appellant may seek relief pursuant to Florida Rule of Civil Procedure 1.540.

BILBREY, WINOKUR, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ David C. Reeves, Robert B. Parrish and Jeffrey A. Yarbrough of Moseley, Prichard, Parrish, Knight & Jones, Jacksonville; Jason T. Burnette and Stephanie E. Parker of Jones Day, Atlanta, Georgia; Charles R.A. Morse of Jones Day, New York, NY, for Appellant. Gary Paige of Gordon & Doner, P.A., Davie; Celene H. Humphries, Maegen Peek Luka and Thomas J. Seider of Brannock & Humphries, Tampa; Charles Farah and Eddie Farah of Farah & Farah, Jacksonville; Randy Rosenblum of Dolan Dobrinsky & Rosenblum, LLP, Miami; Richard J. Lantinberg, Norwood S. Wilner and Jay Plotkin of The Wilner Firm, Jacksonville, for Appellee.


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