Legal Opinion

B. R. v. Department of Children & Families

District Court of Appeal of Florida

Decided October 12, 2015No. 1D15-3908Published

1Per curiam

This appeal, brought by the father in this dependency case, was not filed within 30 days of the date of rendition of the July 20, 2015, appealable orders. The August 19, 2015, amended orders contain immaterial changes to the July 20 orders and therefore do not have the effect of restarting the time within which to seek appellate review. See St. Moritz Hotel v. Daughtry, 249 So.2d 27 (Fla.1971); Churchville v. Ocean Grove R.V. Sales, Inc., 876 So.2d 649 (Fla. 1st DCA 2004) (“An amendment or modification of an order or judgment in an immaterial, insubstantial way does not restart the clock to…

2Cases cited5 opinions

  1. In the Interest of E.H.Supreme Court of Florida · 1992
  2. St. Moritz Hotel v. DaughtrySupreme Court of Florida · 1971
  3. Churchville v. Ocean Grove RV Sales, Inc.District Court of Appeal of Florida · 2004
  4. DeGale v. Krongold, Bass & ToddDistrict Court of Appeal of Florida · 2000
  5. RZ v. Department of Children and FamiliesDistrict Court of Appeal of Florida · 2007

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