KIMBERLY SWOYER BRUSH, ESQUIRE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF FREDERICK EUGENE SWOYER
v.
KELLY DIMARIA COPPELLI
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An appeal of an attorney's fees award must be filed within the jurisdictional deadline, and failure to do so precludes appellate review even if the underlying dismissal is otherwise appealable.
[1] The filing deadline for a notice of appeal is jurisdictional, and an untimely appeal of an attorney's fees award must be dismissed regardless of the merits of the underly…
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Join FLexlaw to unlock all legal intelligence“The filing deadline is jurisdictional, and the untimely filing of a notice of appeal precludes the court from exercising jurisdiction over the appeal.”
Court's discussion of jurisdictional requirements for appellate review
Appellant, as personal representative of an estate, brought a case in county court that was involuntarily dismissed. The trial court also awarded atto…
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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
Citator
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)