THOMAS PEREGO, APPELLANT,
v.
JOHN SPENCER ROBINSON AND ROBERT L. HANNAH, APPELLEES
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Appeal dismissed for lack of jurisdiction because the notice of appeal was not timely filed in the clerk's office, as leaving it with a deputy clerk in a different location does not constitute filing within the statutory deadline.
A notice of appeal left with a deputy clerk in a satellite office and subsequently transmitted to the main clerk's office does not satisfy the filing requirement if it arrives after the appeal deadline has expired.
[1] A notice of appeal must be filed in the office of the clerk of the circuit court at the county seat; filing with a deputy clerk at a satellite location does not constitut…
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Join FLexlaw to unlock all legal intelligence“Under these circumstances, it cannot be considered "filed" within the time allowed.”
Court's conclusion regarding the effect of leaving the notice with a deputy clerk in Daytona Beach rather than filing it directly in the DeLand clerk's office.
Appellant left a notice of appeal with a deputy clerk in Daytona Beach, which was then transmitted to the main clerk's office in DeLand, but did not a…
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PER CURIAM.
On April 17, 1979, the District Court of Appeal, First District, entered its order re [*CMXV] quiring the Appellant to show cause why this appeal should not be dismissed for lack of jurisdiction, because it appeared from the record that the notice of appeal had not been timely filed. Appellant has filed affidavits to explain the apparent late filing of the notice. This appeal was subsequently transferred to this Court.
The record is clear that the Notice of Appeal was not filed in the office of the Clerk of the Court until after the appeal time had run. The office of the Clerk of the Circuit Court of Volusia County is at the county seat in DeLand. No documents are filed or recorded elsewhere, nor can they be. Article VIII, Sec. l(k), Florida Constitution. The Notice of Appeal was left with a deputy clerk in Daytona Beach and from there transmitted to DeLand, where it did not arrive until after the time for appeal had run. Under these circumstances, it cannot be considered “filed” within the time allowed. Rule 9.110, Fla.R. App.P. This is equivalent to filing in the wrong court. See: Southeast First National Bank of Miami v. Herin, 357 So. 2d 716 (Fla.1978); Estate of Hatcher, 270 So. 2d 45 (Fla. 1st DCA 1972).
The appeal is therefore dismissed for lack of jurisdiction.
DAUKSCH, C. J., and ORFINGER and UPCHURCH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Se. First Nat'l Bank OF Miami v. The Honorable William A. Herin, 357 So. 2d 716 (Fla. 1978)
- In re Est. of Wash Hatcher, 270 So. 2d 45 (Fla. 1st DCA 1972)
- Dunbar v. State, 270 So. 2d 45 (Fla. 2d DCA 1972)