Macri v. La Coille

District Court of Appeal of Florida

Macri v. La Coille

710 So. 2d 1389, 1998 Fla. App. LEXIS 7446, 1998 WL 320146

CourtDistrict Court of Appeal of Florida

DecidedJune 19, 1998

DocketNo. 97-2964

StatusPublished

This text of 710 So. 2d 1389 (Macri v. La Coille) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Macri v. La Coille, 710 So. 2d 1389, 1998 Fla. App. LEXIS 7446, 1998 WL 320146 (Fla. Ct. App. 1998).

Pincite

Opinion

PER CURIAM.

Final orders of circuit courts acting in their review capacity are reviewable in district courts of appeal by certiorari, Fla. R.App. P. 9.030(b)2(B), and we treat the notice of appeal herein as a petition for writ of certiorari. However, we must dismiss the petition for lack of jurisdiction in that the notice of appeal was not filed within 30 days of rendition of the order appealed from, Fla. R.App. P. 9.100(c). With certain exceptions not applicable here, an order is rendered when a signed, written order is filed with the clerk of the lower tribunal, Fla. R.App. P. 9.020(h). Here, the signed final order of the lower court was filed with the clerk of the lower court on September 10, 1997 (thus rendered), but the notice of appeal was not filed until October 15, 1997, more than 30 days from rendition of the order appealed from. Thus we have no jurisdiction, and the petition is dismissed.

DISMISSED.

HARRIS and THOMPSON, JJ., and ORFINGER, M., Senior Judge, concur.

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PER CURIAM.

Final orders of circuit courts acting in their review capacity are reviewable in district courts of appeal by certiorari, Fla. R.App. P. 9.030(b)2(B), and we treat the notice of appeal herein as a petition for writ of certiorari. However, we must dismiss the petition for lack of jurisdiction in that the notice of appeal was not filed within 30 days of rendition of the order appealed from, Fla. R.App. P. 9.100(c). With certain exceptions not applicable here, an order is rendered when a signed, written order is filed with the clerk of the lower tribunal, Fla. R.App. P. 9.020(h). Here, the signed final order of the lower court was filed with the clerk of the lower court on September 10, 1997 (thus rendered), but the notice of appeal was not filed until October 15, 1997, more than 30 days from rendition of the order appealed from. Thus we have no jurisdiction, and the petition is dismissed.

DISMISSED.

HARRIS and THOMPSON, JJ., and ORFINGER, M., Senior Judge, concur.

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Bluebook (online)

710 So. 2d 1389, 1998 Fla. App. LEXIS 7446, 1998 WL 320146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macri-v-la-coille-fladistctapp-1998.