MATTEO S. APONE, APPELLANT,

v.

EDNA M. GREEN, APPELLEE

Citator

Cited By

• Tyler v. State of Florida-Governor Lawton Chiles & Dep't Of Insurance-Tom Gallagher, 718 So. 2d 811 (Fla. 2d DCA 1997)
  …re the notice of appeal is not filed within thirty days of rendition, the appellate court is precluded from exercising jurisdiction over the appeal. See Peltz v. District Court of Appeal, Third Dist., 605 So. 2d 865, 866 (Fla. 1992); Apone v. Green, 249 So. 2d 488, 488 (Fla. 2d DCA 1971). The determinative issue in this ease centers on the rendition date of the February 23, 1996, order. Tyler argues that his motion for clarification filed February 28, 1996, delayed rendition of the order. However, Tyler’s mo…
• Hoffman v. Kye S. Hoffman, 463 So. 2d 517 (Fla. 1st DCA 1985)
  …o the county courthouse until February 14, 1984, when it was stamped “received.” Thus, if the notice is not deemed “filed” until received at the county seat then the notice of appeal is untimely and this court lacks jurisdiction. See Apone v. Green, 249 So. 2d 488 (Fla. 3d DCA 1971), and Hawks v. Walter, 409 So. 2d 524 (Fla. 5th DCA 1982). Apparently, the practice of not considering the notice of appeal filed until receipt at the county seat was adopted in order to comply with the Florida Constitution, Artic…
• MML Dev. Corp. v. Eagle Nat'l Bank OF Miami, 603 So. 2d 646 (Fla. 5th DCA 1992)
  …se, there is no charge that, the plaintiff was guilty of any wrongdoings naming the defendants who were bona fide residents of Volusia County and were dismissed upon accord and satisfaction.’ ” Vance, 444 So. 2d at 1164, quoting Iseminger v. Morris, 249 So. 2d 488, 489 (Fla. 1st DCA 1971). The court also found preeminently significant that the statutory language of sections 47.011 and 47.021, Florida Statutes (1981), specifically refer to the venue privilege as attaching when the action is “begun” or “brough…

Authorities Cited

• Ramagli Realty Co. v. Craver, 121 So. 2d 648 (Fla. 1960)
• Simmons v. State, 207 So. 2d 467 (Fla. 3d DCA 1968)