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Troche v. BJ's Wholesale Club, Inc.

District Court of Appeal of Florida, First District
Apr 16, 2007
954 So. 2d 685 (Fla. Dist. Ct. App. 2007)

Summary

noting if notice of appeal is not timely filed, the appellate court lacks jurisdiction and must dismiss the appeal

Summary of this case from Underwood v. Florida Favorite Fertilizer

Opinion

No. 1D07-0425.

April 16, 2007.

Patrick J. Deese of Law Offices of Patrick J. Deese, P.A., Melbourne, for Appellant.

No appearance for Appellees.


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 2003) (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.


Summaries of

Troche v. BJ's Wholesale Club, Inc.

District Court of Appeal of Florida, First District
Apr 16, 2007
954 So. 2d 685 (Fla. Dist. Ct. App. 2007)

noting if notice of appeal is not timely filed, the appellate court lacks jurisdiction and must dismiss the appeal

Summary of this case from Underwood v. Florida Favorite Fertilizer

noting if notice of appeal is not timely filed, the appellate court lacks jurisdiction and must dismiss the appeal

Summary of this case from Glindmeier v. Kaebel Wholesales
Case details for

Troche v. BJ's Wholesale Club, Inc.

Case Details

Full title:Adam TROCHE, Appellant, v. BJ's WHOLESALE CLUB, INC., and Gallagher…

Court:District Court of Appeal of Florida, First District

Date published: Apr 16, 2007

Citations

954 So. 2d 685 (Fla. Dist. Ct. App. 2007)

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