Wednesday, January 9, 2013

3d DCA Watch -- Appellate Deadlines Matter.


We interrupt your regularly scheduled afternoon internet porn activity to bring you this important message from deep inside the bowels of the bunker (the bunker's bowels?):

Notices of appeal are jurisdictional.

In other words, you have to file the darn things on time.
The order appealed was rendered on July 31, 2012, and the notice of appeal was filed on August 31, 2012. “A timely notice of appeal must be filed within 30 days in order for this court to have jurisdiction; late filing is a defect no one can correct, not even the court.” Hawks v. Walker, 409 So. 2d 524, 525 (Fla. 5th DCA 1982); see also State of Fla., Dep’t of Highway Safety & Motor Vehicles v. Joannou, 353 So. 2d 164 (Fla. 3d DCA 1977). Accordingly, the appeal is dismissed.
You may now return to seeing what your high school girlfriend's kids look like when they all went on that holiday cruise, and one of them posed with a parrot (so cute!).

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