KIMBERLY SWOYER BRUSH, ESQUIRE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FREDERICK EUGENE SWOYER
v.
KELLY DIMARIA COPPELLI
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The involuntary dismissal was proper, and the appeal of the attorney's fees award was dismissed for untimely filing under Florida Rules of Appellate Procedure 9.110(b).
[1] The filing deadline for a notice of appeal is jurisdictional, and untimely filing precludes appellate court jurisdiction over the appeal.
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Join FLexlaw to unlock all legal intelligenceKimberly Swoyer Brush, as personal representative of Frederick Eugene Swoyer's estate, appealed an involuntary dismissal of her case from county court…
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PER CURIAM.
Appellant challenges the involuntary dismissal of her case and the award of attorney’s fees to Appellee. We affirm the involuntary dismissal. We dismiss the appeal of the fee award as untimely. See Fla. R. App. P. 9.110(b); Pennywell v. Dep’t of Rev. ex rel. Woodard, 62 So. 3d 19, 20 (Fla. 1st DCA 2011) (“The filing
deadline is jurisdictional, and the untimely filing of a notice of appeal precludes the court from exercising jurisdiction over the appeal.”); Scott ex rel. Scott v. Women’s Med. Grp., P.A., 837 So. 2d 577, 577 (Fla. 1st DCA 2003) (“Final attorney’s fees orders are appealable as separate final judgments.”); Nielsen v. Joannou, 835 So. 2d 1219, 1220 n.1 (Fla. 5th DCA 2003) (“This order, while not disposing of the entire case, assesses attorney’s fees and costs ‘for which let execution issue.’ Accordingly, the order is appealable as a final order.”); Saye v. Pieschacon, 750 So. 2d 759, 761 (Fla. 1st DCA 2000) (holding that “despite the lack of a final judgment on the issue of liability,” an appeal of a fee award could proceed since the award was final and “independently appealable”).
AFFIRMED in part; DISMISSED in part.
JAY, MACIVER, and PRATT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Authorities Cited
- Pennywell v. Dep't OF Revenue, 62 So. 3d 19 (Fla. 1st DCA 2011)
- Scott v. Women's Med. Grp., P.A., 837 So. 2d 577 (Fla. 1st DCA 2003)
- Bjarne Frydenlund Nielsen v. Pavlo Joannou, 835 So. 2d 1219 (Fla. 5th DCA 2003)
- Saye v. Pieschacon, 750 So. 2d 759 (Fla. 1st DCA 2000)