Wright-Long v. Wellington Manor

District Court of Appeal of Florida

Wright-Long v. Wellington Manor

864 So. 2d 576, 2004 Fla. App. LEXIS 875, 2004 WL 182861

CourtDistrict Court of Appeal of Florida

DecidedFebruary 2, 2004

DocketNo. 1D03-4613

StatusPublished

This text of 864 So. 2d 576 (Wright-Long v. Wellington Manor) 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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Wright-Long v. Wellington Manor, 864 So. 2d 576, 2004 Fla. App. LEXIS 875, 2004 WL 182861 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Appellant’s notice of appeal was not filed within 30 days of the date the order to be reviewed was mailed by the lower tribunal to the parties, and we therefore dismiss this appeal for lack of jurisdiction. See Fla. R.App. P. 9.180(b)(2). To the extent appellant contends that she detrimentally relied on the erroneous date contained in the certificate of service accompanying the lower tribunal’s order (which error was corrected through issuance of an amended certificate of service), she may seek relief under the authority of Millinger v. Broward County Mental Health Division and Risk Management, 672 So.2d 24 (Fla.1996). Because factual disputes will almost certainly arise concerning the question of whether appellant’s reliance was reasonable and justified under the circumstances, any such claim for relief shall be presented to the lower tribunal for its consideration and disposition.

APPEAL DISMISSED.

BOOTH, PADOVANO and BROWNING, JJ., concur.

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PER CURIAM.

Appellant’s notice of appeal was not filed within 30 days of the date the order to be reviewed was mailed by the lower tribunal to the parties, and we therefore dismiss this appeal for lack of jurisdiction. See Fla. R.App. P. 9.180(b)(2). To the extent appellant contends that she detrimentally relied on the erroneous date contained in the certificate of service accompanying the lower tribunal’s order (which error was corrected through issuance of an amended certificate of service), she may seek relief under the authority of Millinger v. Broward County Mental Health Division and Risk Management, 672 So.2d 24 (Fla.1996). Because factual disputes will almost certainly arise concerning the question of whether appellant’s reliance was reasonable and justified under the circumstances, any such claim for relief shall be presented to the lower tribunal for its consideration and disposition.

APPEAL DISMISSED.

BOOTH, PADOVANO and BROWNING, JJ., concur.

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864 So. 2d 576, 2004 Fla. App. LEXIS 875, 2004 WL 182861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-long-v-wellington-manor-fladistctapp-2004.

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