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Navellier v. Town

District Court of Appeal of Florida, Fourth District
Apr 11, 2007
953 So. 2d 739 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D07-264.

April 11, 2007.

Appeal from the Fifteenth Judicial Circuit Court, Palm Beach County, John J. Hoy, Amy L. Smith, and Kenneth D. Stern, JJ.

Jose M. Ferrer of Baker McKenzie LLP, Miami, for petitioners.

Trela J. White and R. Max Lohman of Corbett White, P.A., Lantana, for respondent.


The above-styled petition for writ of certiorari is hereby dismissed as untimely. See Fla.R.App.P. 9.100(c)(1); Capone v. Fla. Bd. of Regents, 774 So.2d 825, 826 (Fla. 4th DCA 2000).

Petitioners argue we should deem their petition timely filed (the last day for filing was Friday, January 19, 2007, and it was not filed until Monday, January 22) because they were delayed in being able to timely file, inter alia, by the closing of the courts for the Christmas and New Year's holidays. The English dramatist John Webster noted that "Christmas Comes but Once a Year." Since long before the founding of this country (not to mention the Florida Rules of Appellate Procedure), however, we have all known it comes every year. We cannot, and should not, extend the jurisdictional time periods for filing this petition based on such an argument. The remainder of petitioners' arguments is equally unpersuasive.

1602. Collaboration with Thomas Dekker.

FARMER and HAZOURI, JJ., concur.


Summaries of

Navellier v. Town

District Court of Appeal of Florida, Fourth District
Apr 11, 2007
953 So. 2d 739 (Fla. Dist. Ct. App. 2007)
Case details for

Navellier v. Town

Case Details

Full title:Louis G. NAVELLIER and Wendy M. Navellier, v. Petitioners, TOWN OF…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 11, 2007

Citations

953 So. 2d 739 (Fla. Dist. Ct. App. 2007)