OLIN
v.
WILMINGTON SAVINGS FUND SOCIETY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Ana Maria Olin and Robert A. Del Castillo appealed an order rescheduling a foreclosure sale, but filed their notice of appeal 53 days after the order was rendered, exceeding the 30-day deadline required by Florida appellate rules. The court dismissed the appeal for lack of jurisdiction due to untimely filing.
The court lacks jurisdiction to hear the appeal because the notice of appeal was untimely filed beyond the 30-day deadline established by Fla. R. App. P. 9.110(b). The time requirement for filing a notice of appeal is a jurisdictional requirement, and failure to comply precludes the court from exercising jurisdiction.
[1] The deadline for filing a notice of appeal is a jurisdictional requirement, and an appellate court lacks jurisdiction when a notice of appeal is filed more than thirty da…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The time for taking an appeal is a jurisdictional requirement established by Fla. R. App. P. 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 citation to established jurisdictional rule from Mekertin v. Winn Dixie Stores, Inc.
An order rescheduling a foreclosure sale was rendered on December 18, 2018. Appellants filed their notice of appeal on February 8, 2019, which was 53 …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Rendition Of Order cases and more on FLexlaw
Opinion filed April 10, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-0256 Lower Tribunal No. 17-1832 ________________ Ana Maria Olin, et al., Appellants, vs. Wilmington Savings Fund Society, FSB, etc., Appellee. An Appeal from the Circuit Court for Miami-Dade County, Rodney Smith, Judge. Ana Maria Olin and Robert A. Del Castillo, in proper persons. Fox McCluskey Bush Robison, PLLC, and Adam G. Schwartz (Stuart), for appellee. Before SALTER, FERNANDEZ, and LINDSEY, JJ. LINDSEY, J.
Appellee, Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust, as Trustee for the Pretium Mortgage Acquisition Trust (Wilmington), seeks dismissal of this appeal for lack of jurisdiction. Because appellants, Ana Maria Olin and Robert A. Del Castillo a/k/a Robert Anthony Del Castillo, filed their notice of appeal beyond thirty days from the date of rendition of the order on appeal, we grant Wilmington’s motion and dismiss this appeal for lack of jurisdiction.
This cases involves an appeal of an order rescheduling a foreclosure sale. The order was rendered December 18, 2018. Ms. Olin and Mr. Del Castillo filed their notice of appeal on February 8, 2019 - 53 days later. Fla. R. App. P. 9.110(b) provides that an appellant shall file a notice with the clerk of the lower tribunal within thirty days of rendition of the order to be reviewed. Thus, Ms. Olin and Mr. Del Castillo were required to file their notice of appeal on or before January 17, 2019, in order to timely invoke this Court’s jurisdiction.
Florida courts of appeal have routinely granted motions to dismiss following the untimely filing of a notice of appeal because the court does not have jurisdiction to hear the case. See Bryant v. Wells Fargo Bank, N.A., 182 So. 3d 927, 929 (Fla. 3d DCA 2016) (citing Mekertin v. Winn Dixie Stores, Inc., 869 So. 2d 1286, 1288 (Fla. 4th DCA 2004) (“The time for taking an appeal is a jurisdictional requirement established by Fla. R. App. P. 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 Am. Auto. Ass’n v. C.D.S. Towing & Recovery, Inc., 805 So. 2d 1064, 1065 (Fla. 3d DCA 2002))); Chandler v. BAC Home Loans Servicing, 101 So. 3d 948 (Fla. 1st DCA 2012)) (dismissing appeal for untimely notice of appeal). Failure to timely invoke this Court’s jurisdiction requires dismissal.
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bryant v. Wells Fargo Bank, N.A., 182 So. 3d 927 (Fla. 3d DCA 2016)
- Vandairy Cleckley v. State, 869 So. 2d 1286 (Fla. 4th DCA 2004)
- Wardell Sanders v. State, 805 So. 2d 1064 (Fla. 5th DCA 2002)
- The Am. Auto. Ass'n. v. C.D.S. Towing & Recovery Inc., 805 So. 2d 1064 (Fla. 3d DCA 2002)
- Chandler v. BAC Home Loans Servicing, 101 So. 3d 948 (Fla. 1st DCA 2012)