Linda M. Fehling v. David K. Fehling

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
LINDA M. FEHLING, NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-4391
DAVID K. FEHLING SR.,
Appellee.
_____________________________/
Opinion filed November 4, 2016.
An appeal from an order of the Circuit Court for Santa Rosa County.
David Rimmer, Judge.
Linda M. Fehling, pro se, Appellant.
No appearance for Appellee.
PER CURIAM.
The Court has determined that appellant’s notice of appeal failed to invoke
its appellate jurisdiction in a timely manner. 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). 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.
B.L. THOMAS, WETHERELL, and M.K. THOMAS, JJ., CONCUR.
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