WAGNER v. WELLS FARGO BANK (2018)

District Court of Appeal of Florida, Second District.

Steven WAGNER & Donna Wagner, Appellant/Petitioner(s), v. WELLS FARGO BANK, N. A., d/b/a Americas Servicing Company, Appellee/Respondent(s).

CASE NO.: 2D17-1153

Decided: July 18, 2018

The order on appeal was rendered January 31, 2017. However, appellants filed their notice of appeal on March 3, 2017. Timely filing of the notice of appeal is jurisdictional. See Fla. R. App. P. 9.110(b); see, e.g., State Dept. of Pollution Control v. Sebrinq Park Prop's., Inc., 317 So. 2d 772 (Fla. 2d DCA 1975) (finding a notice of appeal that was filed a day late untimely). Consequently, we must dismiss the appeal as untimely.

BY ORDER OF THE COURT:

LaROSE, C.J., and KELLY and MORRIS, JJ., Concur.

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