AMIR ISAIAH v. DOMINGO PANDO (2022)

Upon consideration of Appellant's Response to this Court's Order to Show Cause as to why this appeal should not be dismissed as untimely filed, and noting that the appeal was filed on the thirty-first (31st) day post-rendition of the final judgment, this appeal is hereby dismissed as untimely.

In the Response to the Order to Show Cause, Appellant cites to “Fla. R. App. P. 4(a)” and to a number of cases, none of which apply to a late-filed appeal. Recognizing that there is no Rule 4(a) in the Florida Rules of Appellate Procedure, this Court can only conclude that the appellant was referring to the Federal Rules of Appellate Procedure, which do not apply to Florida State Courts. Appeals in Florida are governed by the Florida Rules of Appellate Procedure. See Fla. R. App. P. 9.010. The requirement in Florida Rule of Appellate Procedure 9.110(b), requiring that a notice of appeal be filed within thirty (30) days of rendition of a final order, is jurisdictional, and this Court may not exercise jurisdiction over a late-filed appeal. See Am. Auto. Ass'n v. C.D.S. Towing & Recovery Inc., 805 So. 2d 1064 (Fla. 3d DCA 2002).

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