Legal Opinion
Ocr-EDS, Inc. v. S & S ENTERPRISES, INC.
District Court of Appeal of Florida
Decided March 12, 2010No. 5D09-4330PublishedCited by 3 opinions
1Opinion of the Court
ON ORDER TO SHOW CAUSE AND MOTION TO DISMISS
LAWSON, J.
We withdraw our previous order and substitute this opinion in its place. We write to express our disagreement with Strax Rejuvenation and Aesthetics Institute, Inc. v. Shield, 24 So.3d 666 (Fla. 4th DCA 2009), which held that appellate court jurisdiction may only be determined from the trial clerk’s time stamp on a notice of appeal, so that a timely-filed notice of appeal will be conclusively deemed untimely if it is incorrectly date-stamped after the jurisdictional deadline. By contrast, we hold that a timely-filed notice of appeal is…
2Cases cited8 opinions
- State v. FuchsSupreme Court of Florida · 2000
- Rogers v. First National Bank at Winter ParkSupreme Court of Florida · 1970
- Weintraub v. AlterDistrict Court of Appeal of Florida · 1986
- Knee v. SmithDistrict Court of Appeal of Florida · 1975
- Mills v. Avon Park Motor Co.District Court of Appeal of Florida · 1969
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3Cited by3 opinions
- Strax Rejuvenation & Aesthetics Institute, Inc. v. ShieldSupreme Court of Florida · 2010
- Randall v. GriffinDistrict Court of Appeal of Florida · 2016
- Soledispa v. La Salle Bank National Ass'nDistrict Court of Appeal of Florida · 2010