GARY B. LOGAN, A MINOR, BY AND THROUGH HIS NATURAL PARENTS AND LEGAL GUARDIANS, THEODORE A. LOGAN, JR., AND CATHERINE LOGAN, AND THEODORE A. LOGAN, JR., AND CATHERINE LOGAN, INDIVIDUALLY, APPELLANTS,
v.
CLIFTON FLOOD, SR., APPELLEE

Fla. 1st DCA | 1977-06-22
No. GG-63
Rawls, Acting Chief Judge, McCord, J., Smith, J.
346 So. 2d 1243 Florida District Court of Appeal, First District (1977) Caution
Cited by 8 cases

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Synopsis

The appellate court dismissed the appeal as untimely because plaintiffs filed their notice of appeal more than 30 days after the trial court entered final summary judgment in favor of American Bankers Insurance Company.

Holding

An appeal of a final judgment must be filed within 30 days, and failure to do so deprives the appellate court of jurisdiction to review the judgment.

Headnotes

[1] An appellate court lacks jurisdiction to review a final judgment when the notice of appeal is filed more than 30 days after entry of the judgment.

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Facts & Procedural History

The trial court entered summary judgment in favor of defendant American Bankers Insurance Company on March 18, 1977. Plaintiffs filed their notice of …

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Topics
Timeliness Of Appeal Final Judgment Appellate Jurisdiction Summary Judgment

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Opinion of the Court
RAWLS, Acting Chief Judge.

On Motion to Quash and Dismiss Appeal

RAWLS, Acting Chief Judge.

American Bankers Insurance Company of Florida’s Motion to Quash and Dismiss Appeal reflects that on March 18, 1977, the trial court entered a summary judgment as to defendant, American Bankers, which was final in nature as to this defendant. On May 16, 1977, appellants-plaintiffs filed a notice of appeal in this cause and stated that the nature of the order appealed from is the summary judgment in favor of American Bankers entered on March 18, 1977. The sole assignment of error filed in this proceeding is that the trial court erred in granting the motion for summary judgment in favor of American Bankers.

Where a final judgment is entered in a cause as to one or more defendants, the method of review available to the plaintiffs is by appeal pursuant to Florida Appellate Rule 3.2.b. Upon the expiration of 30 days, this court is without any jurisdiction to review the final judgment. Shute v. Keystone State Bank, 159 So. 2d 106 (Fla. 1st DCA 1963); McMullen v. McMullen, 145 So. 2d 568 (Fla. 2nd DCA 1962); and Laborers Int’l U. of No. Amer. v. Public Emp. Com’n, 336 So. 2d 450 (Fla. 1st DCA 1976).

American Bankers Insurance Company of Florida’s motion is granted, and the appeal is dismissed.

McCORD and SMITH, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • del Castillo v. Ralor Pharmacy, Inc., 512 So. 2d 315 (Fla. 3d DCA 1987)
    …(k); see Lakeview Townhomes Condominium Ass’n v. East Florida Corp., 454 So. 2d 576 (Fla. 3d DCA 1984); Phillips v. Ostrer, 442 So. 2d 1084 (Fla. 3d DCA 1983); Let’s Help Florida v. DHS Films, Inc., 392 So. 2d 915 (Fla. 3d DCA 1980); Logan v. Flood, 346 So. 2d 1243 (Fla. 1st DCA 1977). It was therefore reviewable only by timely appeal within 30 days of the order itself. Del Castillo’s rights as to that order were doomed when that appeal was aborted. This court may not consider its propriety on this subsequent…
  • Let's Help Florida v. DHS Films, Inc., 392 So. 2d 915 (Fla. 3d DCA 1980)
    …tion to review. Fla.R.App.P. 9.030(b)(1)(A). Such a judgment must be appealed within thirty days of rendition as prescribed in Florida Rule of Appellate Procedure [*916] 9.110(b), Dustin v. Latzko, 155 Fla. 824, 21 So. 2d 904 (1945); Logan v. Flood, 346 So. 2d 1243 (Fla. 1st DCA 1977),1 and cannot be appealed at the time of the disposition of the balance of the case, Donin v. Goss, 69 So. 2d 316 (Fla.1954).2 The motion to dismiss is, accordingly, denied. . Logan v. Flood holds that where a final judgment is…
  • Niesz v. R. P. Morgan Bldg., 401 So. 2d 822 (Fla. 5th DCA 1981)
    …clerk until January 5, 1981, and, therefore, was not rendered within the meaning of Florida Rules of Appellate Procedure 9.110(b) and 9.020(g) until that date. . See, e. g., Dustin v. Latzko, 155 Fla. 824, 21 So. 2d 904 (Fla. 1945); Logan v. Flood, 346 So. 2d 1243 (Fla. 1st DCA 1977); Berkan v. Brown, 231 So. 2d 871 (Fla. 3d DCA 1970); and McMullen v. McMullen, 145 So. 2d 568 (Fla. 2d DCA 1962), cited in Haddad, Partial ‘Final’ Judgments, The Fla.B.J., April 1979, at 204.…

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