Membreno v. Blancas

Third District Court of Appeal
State of Florida
Opinion filed November 23, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D16-2392
Lower Tribunal No. 14-1279
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Daniel Membreno,
Appellant,
vs.
Sofia Blancas,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Rosa C.
Figarola, Judge.
Daniel Membreno, in proper person.
Sofia Blancas, in proper person.
Before SALTER, FERNANDEZ, and LOGUE, JJ.
LOGUE, J.
The appellant’s notice of appeal was filed on October 24, 2016, more than
thirty days after September 9, 2016, which is the date the order on appeal was
rendered. The notice of appeal was therefore untimely and this court lacks
jurisdiction. “Unlike some rules that require a party to act within a specified time
of service, Rule 9.110(b) requires a notice of appeal from a final order be filed
within thirty days of the rendition of the order being appealed.” Driessen v. Oliver,
199 So. 3d 1074, 1074 (Fla. 3d DCA 2016) (quoting Medley Plaza, Inc. v. The
Rama Fund, LLC, 196 So. 3d 512 (Fla. 3d DCA 2016)).
Dismissed.
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