Tillett v. Reemployment Assistance Appeals Commission

115 So. 3d 1119, 2013 WL 3359179, 2013 Fla. App. LEXIS 10826

Opinion

PER CURIAM.

To be timely, a notice of appeal must be filed -with the appropriate court within 30 days of rendition of the order on appeal. Fla. R.App. P. 9.110(b). Merely mailing the notice or having the notice placed in a post office box within the required time period is not sufficient. Raysor v. Raysor, 706 So.2d 400, 401 (Fla. 1st DCA 1998). Although appellant alleges he mailed the notice of appeal within the appropriate time, it was not received by the Court until May 6, 2013, and was therefore not filed in a timely manner. Further, the filing of a notice of appeal is jurisdictional. Florida courts are required to dismiss an appeal if the notice is not filed within the applicable time limit. See Miami-Dade County v. Peart, 843 So.2d 363 (Fla. 3d DCA 2003). Accordingly, the appeal is dismissed.

LEWIS, C.J., ROBERTS, and ROWE, JJ., concur.