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Shields v. Colonial Penn Ins. Co.

District Court of Appeal of Florida, Fifth District
Oct 22, 1987
513 So. 2d 1363 (Fla. Dist. Ct. App. 1987)

Summary

stating that the five additional days allowed for mailing in Florida Rule of Appellate Procedure 9.420(d) does not apply to the filing requirement of a notice of appeal

Summary of this case from Stores v. Dolan

Opinion

No. 87-530.

October 22, 1987.

Appeal from the Circuit Court, Orange County, Frederick T. Pfeiffer, J.

R. David Ayers, Jr., Winter Park, for appellant.

John R. Darin, II of Cameron, Marriott, Walsh Hodges, P.A., Orlando, for appellee.


The notice of appeal was filed too late, so we have no jurisdiction and the appeal is dismissed. In response to a sua sponte order to show cause why the appeal should not be dismissed, appellant argues that because the notice of appeal was mailed within the jurisdictional time limit, the appeal is timely. Unfortunately, timely mailing does not suffice. Florida Rule of Appellate Procedure 9.110(b) provides that "[j]urisdiction of the Court . . . shall be invoked by filing two copies of a notice . . . within 30 days of rendition of the order to be reviewed" (emphasis added). Thus, the filing date determines jurisdiction, not the mailing date. See Southeast First National Bank of Miami v. Herin, 357 So.2d 716 (Fla. 1978); Bouchard v. State, Dept. of Business Regulation, Div. of Alcoholic Beverages and Tabacco, 448 So.2d 1126 (Fla. 2d DCA 1984). Appellant erroneously relies on Rule 9.420(d) to extend the thirty day time limit by five additional days because the notice was mailed. That rule does not apply to the filing requirement of a notice of appeal. Bouchard, supra. Here, the last day for filing the notice of appeal was March 23, 1987. Because the notice was filed after that date, we have no jurisdiction.

APPEAL DISMISSED.

UPCHURCH, C.J., and SHARP, J., concur.


Summaries of

Shields v. Colonial Penn Ins. Co.

District Court of Appeal of Florida, Fifth District
Oct 22, 1987
513 So. 2d 1363 (Fla. Dist. Ct. App. 1987)

stating that the five additional days allowed for mailing in Florida Rule of Appellate Procedure 9.420(d) does not apply to the filing requirement of a notice of appeal

Summary of this case from Stores v. Dolan

stating that timely mailing of a notice of appeal within thirty days does not suffice

Summary of this case from Excel Auto Group v. Ford Motor
Case details for

Shields v. Colonial Penn Ins. Co.

Case Details

Full title:DEBORAH ANN SHIELDS, APPELLANT, v. COLONIAL PENN INSURANCE COMPANY…

Court:District Court of Appeal of Florida, Fifth District

Date published: Oct 22, 1987

Citations

513 So. 2d 1363 (Fla. Dist. Ct. App. 1987)

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PER CURIAM. DISMISSED. See Shields v. Colonial Penn Ins. Co., 513 So.2d 1363 (Fla. 5th DCA 1987). BOOTH, WOLF…