Legal Opinion

Soledispa v. La Salle Bank National Ass'n

District Court of Appeal of Florida

Decided April 28, 2010No. 4D10-998Published

1Per curiam

We dismiss appellants’ appeal because the notice of appeal was filed with the clerk more than thirty days after the rendition of the final judgment. As we explained in Strax Rejuvenation and Aesthetics Institute, Inc. v. Shield, 24 So.3d 666, 669 (Fla. 4th DCA 2009), “pursuant to rule 1.080(e), the clerk’s date stamp is disposi-tive on the issue of the date of filing a paper with the trial court.” Here, the clerk stamped the notice of appeal as being filed February 23, 2010, from a final judgment rendered January 13, 2010, thus making the notice untimely. While appellant has filed affidavits…

2Cases cited3 opinions

  1. Weintraub v. AlterDistrict Court of Appeal of Florida · 1986
  2. Strax Rejuvenation & Aesthetics Institute, Inc. v. ShieldDistrict Court of Appeal of Florida · 2009
  3. Ocr-EDS, Inc. v. S & S ENTERPRISES, INC.District Court of Appeal of Florida · 2010

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