Smith v. Smith

District Court of Appeal of Florida

Smith v. Smith

921 So. 2d 800, 2006 Fla. App. LEXIS 2674, 2006 WL 452828

CourtDistrict Court of Appeal of Florida

DecidedFebruary 27, 2006

DocketNo. 1D06-0082

StatusPublished

This text of 921 So. 2d 800 (Smith v. Smith) 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

Smith v. Smith, 921 So. 2d 800, 2006 Fla. App. LEXIS 2674, 2006 WL 452828 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Because the notice of appeal in this case was not timely filed, we are constrained to dismiss the appeal for lack of jurisdiction. However, inasmuch as it appears that the untimely filing was attributable to erroneous information appearing on the clerk’s electronic docket and public website concerning the date of rendition of the trial court’s order, this disposition is without prejudice to appellant’s right to seek to have the judgment set aside and reentered by the trial court pursuant to Florida Rule of Civil Procedure 1.540(a). See generally Pompi v. City of Jacksonville, 872 So.2d 931 (Fla. 1st DCA 2004).

ALLEN, PADOVANO and BROWNING, JJ., concur.

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PER CURIAM.

Because the notice of appeal in this case was not timely filed, we are constrained to dismiss the appeal for lack of jurisdiction. However, inasmuch as it appears that the untimely filing was attributable to erroneous information appearing on the clerk’s electronic docket and public website concerning the date of rendition of the trial court’s order, this disposition is without prejudice to appellant’s right to seek to have the judgment set aside and reentered by the trial court pursuant to Florida Rule of Civil Procedure 1.540(a). See generally Pompi v. City of Jacksonville, 872 So.2d 931 (Fla. 1st DCA 2004).

ALLEN, PADOVANO and BROWNING, JJ., concur.

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Bluebook (online)

921 So. 2d 800, 2006 Fla. App. LEXIS 2674, 2006 WL 452828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-fladistctapp-2006.

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