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Smith v. Smith

District Court of Appeal of Florida, First District
Feb 27, 2006
921 So. 2d 800 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D06-0082.

February 27, 2006.

An appeal from an order of the Circuit Court for Bay County. Glenn Hess, Judge.

John J. Uskert, Panama City, for appellant.

No appearance for appellee.


Because the notice of appeal in this case was not timely filed, we are constrained to dismiss the appeal for lack of jurisdiction. However, inasmuch as it appears that the untimely filing was attributable to erroneous information appearing on the clerk's electronic docket and public website concerning the date of rendition of the trial court's order, this disposition is without prejudice to appellant's right to seek to have the judgment set aside and reentered by the trial court pursuant to Florida Rule of Civil Procedure 1.540(a). See generally Pompi v. City of Jacksonville, 872 So.2d 931 (Fla. 1st DCA 2004).

ALLEN, PADOVANO and BROWNING, JJ., concur.


Summaries of

Smith v. Smith

District Court of Appeal of Florida, First District
Feb 27, 2006
921 So. 2d 800 (Fla. Dist. Ct. App. 2006)
Case details for

Smith v. Smith

Case Details

Full title:Charles D. SMITH, Jr., Appellant, v. Deborah M. SMITH, n/k/a Deborah…

Court:District Court of Appeal of Florida, First District

Date published: Feb 27, 2006

Citations

921 So. 2d 800 (Fla. Dist. Ct. App. 2006)