GOSPEL TRUTH PENTECOSTAL CHURCH INC v. ARROW PROPERTIES OF SOUTH FLORIDA INC (2020)

District Court of Appeal of Florida, Third District.

The GOSPEL TRUTH PENTECOSTAL CHURCH, INC., et al., Appellant(s)/Petitioner(s), v. ARROW PROPERTIES OF SOUTH FLORIDA, INC., Appellee(s)/Respondent(s),

CASE NO.: 3D20-0846

Decided: July 17, 2020

Upon consideration, we grant Appellee's Motion for Rehearing of our June 26, 2020, Order discharging the order to show cause.

Upon our further review, this appeal is dismissed for lack of jurisdiction as untimely filed. See Congregation Temple De Hirsch of Seattle, Wash. v. Aronson, 128 So. 2d 585 (Fla. 1961); Capone v. Florida Bd. of Regents, 774 So. 2d 825 (Fla. 4th DCA 2000) (holding that the time within which to appeal is fixed by the Legislature and is a jurisdictional requirement, which neither the trial court nor the appellate court has the authority to extend).

Upon consideration of Appellee's Motion for Appellate Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount.

Appellee's Motion for Costs is hereby denied. See Fla. R. App. P. 9.400(a) (Appellate costs shall be taxed by the lower tribunal on a motion filed with the lower court and served no later than 45 days after rendition of the appellate court's order).

Appellee's Motion for Sanctions is hereby denied.

EMAS, C.J., and HENDON and LOBREE, JJ., concur.

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