Navellier v. Town of Manalapan

District Court of Appeal of Florida

Navellier v. Town of Manalapan

953 So. 2d 739, 2007 Fla. App. LEXIS 5289, 2007 WL 1062511

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 2007

DocketNo. 4D07-264

StatusPublished

This text of 953 So. 2d 739 (Navellier v. Town of Manalapan) 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.

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Navellier v. Town of Manalapan, 953 So. 2d 739, 2007 Fla. App. LEXIS 5289, 2007 WL 1062511 (Fla. Ct. App. 2007).

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Opinion

POLEN, J.

The above-styled petition for writ of cer-tiorari is hereby dismissed as untimely. See Fla. RApp. 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.”¹ 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.

FARMER and HAZOURI, JJ., concur.

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POLEN, J.

The above-styled petition for writ of cer-tiorari is hereby dismissed as untimely. See Fla. RApp. 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.”¹ 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.

FARMER and HAZOURI, JJ., concur.

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953 So. 2d 739, 2007 Fla. App. LEXIS 5289, 2007 WL 1062511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/navellier-v-town-of-manalapan-fladistctapp-2007.

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