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Kruse v. Reinhart LLC

District Court of Appeal of Florida, First District
May 15, 2001
783 So. 2d 1238 (Fla. Dist. Ct. App. 2001)

Opinion

No. 1D01-752.

Opinion filed May 15, 2001.

An appeal from an order of the Circuit Court for Walton County. David W. Green, Judge.

Dismissed.

George Ralph Miller, DeFuniak Springs, for appellant.

Charles R. Forman, of Forman, Hanratty Montgomery, Ocala, and E. Allan Ramey, DeFuniak Springs, for appellees.


As the notice of appeal was not timely filed in this proceeding, the appeal is dismissed for lack of jurisdiction. Appellant seeks to avoid dismissal on the theory that the failure to timely file the notice was due, at least in part, to certain actions or omissions of the staff of the circuit court clerk's office. Accordingly, dismissal of the appeal is without prejudice to appellant's right to move the trial court for relief from judgment. Cf. Ashley v. Moore, 742 So.2d 533 (Fla. 1st DCA 1999) (appeal dismissed without prejudice where inmate claimed prison officials frustrated his ability to timely file notice of appeal).

DAVIS, PADOVANO and BROWNING, JJ., Concur.


Summaries of

Kruse v. Reinhart LLC

District Court of Appeal of Florida, First District
May 15, 2001
783 So. 2d 1238 (Fla. Dist. Ct. App. 2001)
Case details for

Kruse v. Reinhart LLC

Case Details

Full title:CRAIG J. KRUSE, Appellant, v. REINHART LLC, a Florida Limited Liability…

Court:District Court of Appeal of Florida, First District

Date published: May 15, 2001

Citations

783 So. 2d 1238 (Fla. Dist. Ct. App. 2001)