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Scott v. Darling

District Court of Appeal of Florida, Third District.
Jul 24, 2013
118 So. 3d 268 (Fla. Dist. Ct. App. 2013)

Opinion

No. 3D13–1031.

2013-07-24

George Robert SCOTT III, Appellant, v. Elizabeth DARLING, Appellee.

An appeal from the circuit court for Monroe County, Tegan Slaton, Judge. George Robert Scott, III, in proper person. Cheri A Shapiro, Key West, for appellee.


An appeal from the circuit court for Monroe County, Tegan Slaton, Judge.
George Robert Scott, III, in proper person. Cheri A Shapiro, Key West, for appellee.
Before SHEPHERD, C.J., and WELLS and LAGOA, JJ.

ON MOTION TO DISMISS


PER CURIAM.

Appellant, George Robert Scott III, appeals from an Order denying his Motion to Set Aside Default and Vacate Final Judgment. Appellee, Elizabeth Darling, argues that this Court lacks jurisdiction as the appeal was not timely filed. We agree. The order appealed was rendered on June 11, 2012, and the notice of appeal was filed on April 10, 2013. “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.” Sherin v. State, Dep't of Highway Safety & Motor Vehicles, 104 So.3d 391, 391(Fla. 3d DCA 2013) (quoting Hawks v. Walker, 409 So.2d 524, 525 (Fla. 5th DCA 1982)). Accordingly, this appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.


Summaries of

Scott v. Darling

District Court of Appeal of Florida, Third District.
Jul 24, 2013
118 So. 3d 268 (Fla. Dist. Ct. App. 2013)
Case details for

Scott v. Darling

Case Details

Full title:George Robert SCOTT III, Appellant, v. Elizabeth DARLING, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Jul 24, 2013

Citations

118 So. 3d 268 (Fla. Dist. Ct. App. 2013)

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