Scott v. Darling

District Court of Appeal of Florida

Scott v. Darling

118 So. 3d 268, 2013 WL 3815601, 2013 Fla. App. LEXIS 11623

CourtDistrict Court of Appeal of Florida

DecidedJuly 24, 2013

DocketNo. 3D13-1031

StatusPublished

Cited by1 cases

This text of 118 So. 3d 268 (Scott v. Darling) 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

Scott v. Darling, 118 So. 3d 268, 2013 WL 3815601, 2013 Fla. App. LEXIS 11623 (Fla. Ct. App. 2013).

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Opinion

ON MOTION TO DISMISS

PER CURIAM.

Appellant, George Robert Scott III, appeals from an Order denying his Motion to Set Aside Default and Vacate Final Judgment. Appellee, Elizabeth Darling, argues that this Court lacks jurisdiction as the appeal was not timely filed. We agree. The order appealed was rendered on June 11, 2012, and the notice of appeal was filed on April 10, 2013. “A timely notice of appeal must be filed within 30 days in order for this court to have jurisdiction; late filing is a defect no one can correct, not even the court.” Sherin v. State, Dep’t of Highway Safety & Motor Vehicles, 104 So.3d 391, 391(Fla. 3d DCA 2013) (quoting Hawks v. Walker, 409 So.2d 524, 525 (Fla. 5th DCA 1982)). Accordingly, this appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

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ON MOTION TO DISMISS

PER CURIAM.

Appellant, George Robert Scott III, appeals from an Order denying his Motion to Set Aside Default and Vacate Final Judgment. Appellee, Elizabeth Darling, argues that this Court lacks jurisdiction as the appeal was not timely filed. We agree. The order appealed was rendered on June 11, 2012, and the notice of appeal was filed on April 10, 2013. “A timely notice of appeal must be filed within 30 days in order for this court to have jurisdiction; late filing is a defect no one can correct, not even the court.” Sherin v. State, Dep’t of Highway Safety & Motor Vehicles, 104 So.3d 391, 391(Fla. 3d DCA 2013) (quoting Hawks v. Walker, 409 So.2d 524, 525 (Fla. 5th DCA 1982)). Accordingly, this appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

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Bluebook (online)

118 So. 3d 268, 2013 WL 3815601, 2013 Fla. App. LEXIS 11623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-darling-fladistctapp-2013.

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