STATE OF FLORIDA DEPARTMENT OF POLLUTION CONTROL, APPELLANT,

v.

SEBRING PARK PROPERTIES, INC., A FLORIDA CORPORATION, APPELLEE

Citator

Cited By

• Dep't OF Educ. v. ROE, 679 So. 2d 756 (Fla. 1996)
  …f the suit. In fact, at one time suits such as this would have been dismissed for lack of subject matter jurisdiction without regard to the merits of the underlying claim. Department of Natural Resources v. Circuit Court of Twelfth Judicial Circuit, 317 So. 2d 772 (Fla. 2d DCA 1975) (Department entitled to prohibition against tort action in which trial judge had denied motion to dismiss), aff'd, 339 So. 2d 1113 (Fla.1976). It is only because of the limited waiver of sovereign immunity in section 768.28, Flori…
• Cir. Court OF Twelfth Jud. Cir. v. Dep't OF Natural Res. of the State of Fla., 339 So. 2d 1113 (Fla. 1976)
  …eal. That court issued the writ, reasoning that the circuit court lacked subject matter jurisdiction because the Department was protected from suit by sovereign immunity. Department of Natural Resources v. Circuit Court of the 12th Judicial Circuit, 317 So. 2d 772. It is from this decision of the District Court that the Honorable Evelyn Gobbie (“the appellant”), Circuit Court Judge of the Twelfth Judicial Circuit and the trial judge in this case, takes an appeal to this Court. We have jurisdiction under Arti…
• Miami-Dade Cnty. v. Peart, 843 So. 2d 363 (Fla. 3d DCA 2003)
  …timely where the notice of appeal was filed 2 days late); Hawks v. Walker, 409 So. 2d 524, 525 (Fla. 5th DCA 1982) (finding that a notice of appeal filed two days late was untimely); State Dept. of Pollution Control v. Sebring Park Properties, Inc., 317 So. 2d 772 (Fla. 2d DCA 1975) (finding untimely a notice of appeal that was filed one day late). Under Rule 9.110, the “[f]ailure to file any notice within the 30-day period constitutes an irremediable jurisdictional defect.” First Nat’l Bank in Fort Myers v…

Authorities Cited

• Ramagli Realty Co. v. Craver, 121 So. 2d 648 (Fla. 1960)
• Simmons v. State, 207 So. 2d 467 (Fla. 3d DCA 1968)
• Jerrell Caswell v. State, 250 So. 2d 348 (Fla. 1st DCA 1971)