James L. Murphy v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: October 15, 2018
• Docket: 18-3526
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D18-3526 _____________________________

JAMES L. MURPHY,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Taylor County. Mark E. Feagle, Judge.

October 15, 2018

PER CURIAM.

The Court has determined that Appellant’s notice of appeal failed to invoke its appellate jurisdiction in a timely manner. To be timely, a notice of appeal must be filed with the appropriate court within 30 days of rendition of the order on appeal. Fla. R. App. P. 9.110(b). Merely mailing the notice or having the notice placed in a post office box within the required time period is not sufficient. Raysor v. Raysor, 706 So. 2d 400, 401 (Fla. 1st DCA 1998). Further, the filing of a notice of appeal is jurisdictional. Florida courts are required to dismiss an appeal if the notice is not filed within the applicable time limit. See Miami-Dade Cty. v. Peart, 843 So. 2d 363, 364 (Fla. 3d DCA 2003). Accordingly, the appeal is dismissed. ROBERTS, ROWE, and RAY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

James L. Murphy, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.