MARSHALL v. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY (2019)

District Court of Appeal of Florida, Second District.

James C. MARSHALL and Sherry Marshall, Appellant/Petitioner(s), v. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, Appellee/Respondent(s).

CASE NO.: 2D19-3965

Decided: November 27, 2019

Appellee's motion to dismiss appeal is granted and the appeal is dismissed as untimely filed. The notice of appeal filed in this court on October 8, 2019, was treated as filed in the lower tribunal. See Fla. R. App. P. 9.040(b)(1). Nevertheless, the notice filed in this court on October 8, 2019, did not timely invoke the court's jurisdiction to review the lower tribunal's order rendered on September 4, 2019. See Fla. R. App. P. 9.110(b) and 9.020(h).

The appellants' “motion to retain jurisdiction of 09/04/19 order of final judgment and dismissal or in the alternative jurisdiction of the 11/14/19 order denying 1.540 motion of Marshall - defendants” is denied without prejudice to their filing in the trial court a timely notice of appeal of the “order denying 1.540 motion of Marshall-defendants” rendered on November 14, 2019.

BY ORDER OF THE COURT:

SILBERMAN, LaROSE, and SLEET, JJ., Concur.

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