NORMAN CHERA
v.
ARLYNS DE LA RIVA
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An appeal must be dismissed when the notice of appeal is filed more than 30 days after rendition of the judgment, as the filing deadline is jurisdictional and cannot be extended.
[1] The 30-day deadline for filing a notice of appeal is jurisdictional, and failure to file within that period deprives the appellate court of jurisdiction to hear the appea…
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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 citing Pennywell v. Dep't of Revenue ex rel. Woodard, 62 So. 3d 19, 20 (Fla. 1st DCA 2011)
Chera appealed a final judgment of removal of tenant rendered on April 5, 2024, but did not file his notice of appeal until June 13, 2024—69 days late…
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PER CURIAM.
Norman Chera appeals the final judgment of removal of tenant rendered on April 5, 2024. Chera filed his notice of appeal on June 13, 2024. As the notice of appeal was not filed within thirty days, we are precluded from exercising jurisdiction, and the appeal must be dismissed. See Fla. R. App. P. 9.110(b) (“Jurisdiction of the court under this rule must be invoked by filing a notice with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed . . . .”); Pennywell v. Dep’t of Revenue 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.” (citing Peltz v. Dist. Ct. of Appeal, Third Dist., 605 So. 2d 865, 866 (Fla. 1992))).
Dismissed.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Arvin Peltz v. Dist. Court OF Appeal, 605 So. 2d 865 (Fla. 1992)
- Pennywell v. Dep't OF Revenue, 62 So. 3d 19 (Fla. 1st DCA 2011)