Supreme Court of Florida

In petitioner's notice of non-final appeal from the trial court's order denying a motion to dismiss and to compel arbitration, the Fourth District Court of Appeal's dismissal of the appeal as untimely is quashed and remanded for an evidentiary hearing to determine if the notice of appeal was timely filed as, although the clerk's time stamp is presumptive evidence of the date of filing, the presumption may be overcome by sufficient evidence that the document was actually received by the clerk within the time deadline.

Appellate Information

• Decided 09/30/2010
• Published 09/30/2010

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Court

• Supreme Court of Florida

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