ADAM TROCHE, APPELLANT,
v.
BJ'S WHOLESALE CLUB, INC., AND GALLAGHER BASSETT, APPELLEES
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Adam Troche appealed an order from the Judge of Compensation Claims, but the Florida District Court of Appeal dismissed the appeal for lack of jurisdiction because the notice of appeal was not filed within 30 days of when the judge mailed the final order, as required by Florida Rule of Appellate Procedure 9.180(b)(3).
The notice of appeal was not timely. The 30-day period for filing a notice of appeal is calculated from the date the lower tribunal mails the order, not from the date the appellant or counsel receives it. The fact that the appellant did not receive the order until the day after it was rendered does not extend the filing deadline.
[1] An appellate court lacks jurisdiction to consider an appeal if the notice of appeal is not filed within the time period prescribed by the rules of appellate procedure.
[2] The time for filing a notice of appeal begins to run from the date the order to be reviewed is mailed by the lower tribunal to the parties, which date is considered the d…
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Join FLexlaw to unlock all legal intelligence“If the notice is not timely filed, the appellate court lacks jurisdiction and must dismiss the appeal.”
Establishes that failure to timely file a notice of appeal divests the appellate court of jurisdiction.
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Join FLexlaw to unlock all legal intelligenceThe Judge of Compensation Claims issued a final order and mailed it to the parties. Troche did not receive the order until the day after it was mailed…
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PER CURIAM.
Because the notice of appeal was not filed within 30 days of the date the Judge of Compensation Claims mailed the final order to the parties as required by Florida Rule of Appellate Procedure 9.180(b)(3), this court is without jurisdiction to consider this appeal. It is well-settled that to be timely, a notice of appeal must be filed in the appropriate court within the appropriate time period. See Coca Cola Foods v. Cordero, 589 So. 2d 961 (Fla. 1st DCA 1991). If the notice is not timely filed, the appellate court lacks jurisdiction and must dismiss the appeal.
First Nat’l Bank v. Fla. Unemployment Appeals Comm’n, 461 So. 2d 208 (Fla. 1st DCA 1984).
Rule 9.180(b)(3) provides that jurisdiction shall be invoked by filing a notice of appeal within 30 days of the date the order to be reviewed is mailed by the lower tribunal to the parties, which date shall be the date of rendition. Appellant provides no authority for the assertion that the notice of appeal was timely because it was filed within 30 days of the date counsel received the order on appeal. Such a suggestion would be unworkable because the courts would have no way of confirming when a party received an order and could not accurately calculate the time for filing a notice of appeal. The fact that appellant did not receive the final order until the day after it was rendered does not extend the time to file the notice of appeal. See Jones v. Jones, 845 So. 2d 1012 (Fla. 5th DCA 2Ó03) (holding that the fact that a party did not receive immediate notice of rendition of a final judgment does not extend the time to file the notice of appeal).
APPEAL DISMISSED.
KAHN, POLSTON, and THOMAS, JJ., concur.
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Citator
Authorities Cited
- Universal Dev. Corp. & USF & G v. Lavine, 461 So. 2d 208 (Fla. 1st DCA 1984)
- Coca Cola Foods & GAB v. Olivo Cordero, 589 So. 2d 961 (Fla. 1st DCA 1991)
- Jones v. Jones, 845 So. 2d 1012 (Fla. 5th DCA 2003)