JOHNSON
v.
FLA. DEP'T OF CORR.

Fla. 1st DCA | 2019-02-28
No. 1D19-0166
Cowart, Daniel, Dauksch
264 So. 3d 1176 Florida District Court of Appeal, First District (2019)

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Synopsis

The First District Court of Appeal of Florida dismissed an appeal because the notice of appeal was filed one day late, failing to meet the 30-day deadline required to invoke the court's appellate jurisdiction.


Holding

No, the notice of appeal was not timely filed. The appeal is therefore dismissed for failure to invoke the court's appellate jurisdiction.


Headnotes

[1] A notice of appeal must be filed within 30 days of rendition of the trial court order to invoke appellate jurisdiction under Fla. …

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Key Quotes

“In order to timely invoke the Court’s appellate jurisdiction, a notice of appeal must be filed within 30 days of rendition of the order to be reviewed.”

Establishes the general rule for timely filing of a notice of appeal.

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Facts & Procedural History

Appellant James Johnson filed a notice of appeal on January 3, 2019. The order being appealed was rendered on December 3, 2018, making the thirtieth d…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA _____________________________

No. 1D19-0166 _____________________________

JAMES JOHNSON,

Appellant,

v. FLORIDA DEPARTMENT OF CORRECTIONS,

Appellee.

_____________________________

On appeal from the Circuit Court for Hamilton County. Andrew J. Decker, III, Judge.

February 28, 2019 PER CURIAM.

Upon consideration of Appellant’s response to the Court’s order of January 14, 2019, the Court has determined that the appeal is untimely.

In order to timely invoke the Court’s appellate jurisdiction, a notice of appeal must be filed within 30 days of rendition of the order to be reviewed. Fla. R. App. P. 9.110(b). The thirtieth day following rendition of the order on appeal was January 2, 2019. Thus, the notice of appeal, filed on January 3, 2019, failed to invoke the Court’s appellate jurisdiction in a timely manner. Accordingly, the appeal is dismissed.

2

ROBERTS, WETHERELL, and MAKAR, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

James Johnson, pro se, Appellant. No appearance for Appellee.


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