ALEJANDRO DIAZ DE LA PORTILLA v. WELLS FARGO BANK (2023)

District Court of Appeal of Florida, Third District.

ALEJANDRO DIAZ DE LA PORTILLA, Appellant(s)/Petitioner(s), v. WELLS FARGO BANK, N.A., etc., Appellee(s)/Respondent(s),

CASE NO.: 3D22-1369

Decided: April 26, 2023

Upon consideration of Appellee's Motion to Dismiss for Lack of Jurisdiction and/or Motion to Strike, the Motion to Dismiss is granted. See Amos v. Reich, 208 So. 3d 796, 796 (Fla. 3d DCA 2016) (“Under Rule 9.110, the ‘[f]ailure to file any notice within the 30–day period constitutes an irremediable jurisdictional defect.’ ”) (quoting Rice v. Freeman, 939 So. 2d 1144, 1145 (Fla. 3d DCA 2006)); Miami-Dade Cnty. v. Peart, 843 So. 2d 363, 364 (Fla. 3d DCA 2003) (finding “respondents’ notice of appeal was untimely” because the notice was filed thirty-one days after the decision was rendered).

Appellant's Motion for Appellate Attorneys’ Fees is hereby denied.

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

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