Rogers v. Cyrus

District Court of Appeal of Florida

Rogers v. Cyrus

941 So. 2d 1196, 2006 Fla. App. LEXIS 18515, 2006 WL 3153972

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 2006

DocketNo. 1D06-4394

StatusPublished

Cited by4 cases

This text of 941 So. 2d 1196 (Rogers v. Cyrus) 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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Rogers v. Cyrus, 941 So. 2d 1196, 2006 Fla. App. LEXIS 18515, 2006 WL 3153972 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of August 29, 2006, the Court has determined that the appeal is untimely. The appellant’s notice of appeal seeking review of the lower tribunal’s February 15, 2006, order was filed on August 11, 2006, well beyond the 30-day time period within which review must be sought. Fla. R.App. P. 9.110(b). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. Any remedy available to the appellant lies with the lower tribunal rather than with this Court. Cf. Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998).

ALLEN, BENTON, and HAWKES, JJ„ concur.

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PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of August 29, 2006, the Court has determined that the appeal is untimely. The appellant’s notice of appeal seeking review of the lower tribunal’s February 15, 2006, order was filed on August 11, 2006, well beyond the 30-day time period within which review must be sought. Fla. R.App. P. 9.110(b). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. Any remedy available to the appellant lies with the lower tribunal rather than with this Court. Cf. Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998).

ALLEN, BENTON, and HAWKES, JJ„ concur.

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941 So. 2d 1196, 2006 Fla. App. LEXIS 18515, 2006 WL 3153972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-cyrus-fladistctapp-2006.

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