James L. Murphy v. State of Florida

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-3526
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JAMES L. MURPHY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Taylor County.
Mark E. Feagle, Judge.
October 15, 2018
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 Cty.
v. Peart, 843 So. 2d 363, 364 (Fla. 3d DCA 2003). Accordingly, the
appeal is dismissed.
ROBERTS, ROWE, and RAY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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James L. Murphy, pro se, Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
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