Sherin v. State, Department of Highway Safety & Motor Vehicles

District Court of Appeal of Florida

Sherin v. State, Department of Highway Safety & Motor Vehicles

104 So. 3d 391, 2013 WL 85442, 2013 Fla. App. LEXIS 278

CourtDistrict Court of Appeal of Florida

DecidedJanuary 9, 2013

DocketNo. 3D12-2311

StatusPublished

Cited by1 cases

This text of 104 So. 3d 391 (Sherin v. State, Department of Highway Safety & Motor Vehicles) 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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Sherin v. State, Department of Highway Safety & Motor Vehicles, 104 So. 3d 391, 2013 WL 85442, 2013 Fla. App. LEXIS 278 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

Appellants, Bob Sherin and Lonny Ohl-fest (collectively “Appellants”), appeal from an Order Denying Initiation of Rule-making. Appellee, Department of Highway Safety and Motor Vehicles (the “Department”), argues that this Court lacks jurisdiction to consider Appellants’ appeal as it was not timely filed. We agree. The order appealed was rendered on July 31, 2012, and the notice of appeal was filed on August 31, 2012. “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.” Hawks v. Walker, 409 So.2d 524, 525 (Fla. 5th DCA 1982); see also State of Fla., Dep’t of Highway Safety & Motor Vehicles v. Joannou, 353 So.2d [392]*392164 (Fla. 3d DCA 1977). Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

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PER CURIAM.

Appellants, Bob Sherin and Lonny Ohl-fest (collectively “Appellants”), appeal from an Order Denying Initiation of Rule-making. Appellee, Department of Highway Safety and Motor Vehicles (the “Department”), argues that this Court lacks jurisdiction to consider Appellants’ appeal as it was not timely filed. We agree. The order appealed was rendered on July 31, 2012, and the notice of appeal was filed on August 31, 2012. “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.” Hawks v. Walker, 409 So.2d 524, 525 (Fla. 5th DCA 1982); see also State of Fla., Dep’t of Highway Safety & Motor Vehicles v. Joannou, 353 So.2d [392]*392164 (Fla. 3d DCA 1977). Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

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104 So. 3d 391, 2013 WL 85442, 2013 Fla. App. LEXIS 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherin-v-state-department-of-highway-safety-motor-vehicles-fladistctapp-2013.

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