Opinion
No. 2D11–2929.
2013-07-15
James CUNNINGHAM and Deborah Cunningham, Appellant/Petitioner(s), v. ONEWEST BANK, FSB, Appellee / Respondent(s).
BY ORDER OF THE COURT.
This appeal is dismissed as untimely. The final judgment of foreclosure was filed on April 7, 2011, and the appellants served a timely motion for new trial on Monday, April 18, 2011, thereby tolling the time for the appellants to file their notice of appeal until the trial court filed a signed, written order disposing of the motion. SeeFla. R. Civ. P. 1.530(b); Fla. R. Jud. Admin. 2.514(a)(1)(C); Fla. R.App. P. 9.020(h)(1). The trial court filed a signed, written order denying the appellants' motion for new trial on May 2, 2011. The thirty days for filing the notice of appeal expired on Wednesday, June 1, 2011. SeeFla. R.App. P. 9.110(b). The appellants did not file their notice of appeal until June 6, 2011. Although the motion for new trial tolled the time to file the notice of appeal, once the motion denying the motion for new trial was filed, the appellants did not file their notice of appeal within the requisite thirty days. And the time for filing the notice of appeal was not extended by Florida Rule of Appellate Procedure 9.420(e). See Nogales v. Countrywide Home Loans, 100 So.3d 1161, 1162 n. 1 (Fla. 2d DCA 2012) (“[T]he additional time allowed after service of a document by mail [in rule 9.420(e) ] does not apply to the filing of a notice of appeal, which is measured from the date of rendition.”).