SMITH
v.
KLAPON
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.
An appeal is dismissed for lack of jurisdiction when the appellant fails to invoke appellate jurisdiction within thirty days of a nonfinal order and when a successive Rule 1.540(b) motion raises grounds that were known at the time of the first motion.
[1] Failure to invoke appellate jurisdiction within thirty days of rendition of a nonfinal order results in a fatal jurisdictional defect.
[2] An appellate court lacks jurisdiction to review an order denying a successive Rule 1.540(b) motion when the grounds asserted in the successive motion were known to the mo…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceMarie Beatris Smith appealed from a nonfinal order entered by the Circuit Court for Hillsborough County. The appeal involved a successive Rule 1.540(b…
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 Non-Final Order cases and more on FLexlaw
PER CURIAM.
Dismissed. See Stubbs v. Fed. Nat'l Mortg. Ass'n, 250 So. 3d 151, 152-53 (Fla. 2d DCA 2018) (explaining that the failure to invoke this court's jurisdiction as to an appealable nonfinal order within thirty days of its rendition results in a fatal jurisdictional defect); see also Perez v. Saima Grp. Corp., 347 So. 3d 421, 422 (Fla. 3d DCA 2022) ("[W]e lack appellate jurisdiction to review an order denying a successive [Florida Rule of Civil Procedure] 1.540(b) motion where, as here, the grounds asserted in the successive motion were known to the movant at the time the movant filed the first rule 1.540(b) motion.").
KHOUZAM, BLACK, and ROTHSTEIN-YOUAKIM, JJ., Concur.
__________________________
Opinion subject to revision prior to official publication.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Stubbs v. Fed. Nat'l Home Loan, 250 So. 3d 151 (Fla. 2d DCA 2018)
- Perez v. Saima Grp. Corp., 47 Fla. L. Weekly D912 (Fla. 3d DCA 2022)