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409 So. 2d 524

Docket No. 81-829.

Hawks v. Walker

Bert L. HAWKS and Sandra S. Hawks, His Wife, Appellants, v. Michael A. WALKER, Herbert H. Walker, et al., Appellees.

District Court of Appeal of Florida

Decided February 10, 1982.

District Court of Appeal of Florida · decided 1982-02-10

Key passage — most relied on by later courts

“[T]he notice of appeal was not timely filed and this court lacks jurisdiction to consider the matter further.... A timely notice of appeal must be filed within 30 days in order for the court to have jurisdiction; late filing is a defect no one can correct, not even the court.”

quoted by 2 later decisions, including 843 So. 2d 363 - Miami-Dade County v. Peart, 998 So. 2d 494 - Sims v. State

Relies on State Ex Rel. Pensacola News-Journal, Inc. v. Fleet · 377 So. 2d 1001 - Dibble v. Dibble · Genter v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1982-02-10

How this case has been cited

Cited by 21 later decisions — most recently May 2015

21 state decisions

601982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Mark S. Peters of Blumenthal, Stevens, Schwartz & Riley, P.A., Merritt Island, for appellants.

¶2W.C. Airth, Jr., of Fowler, Williams & Airth, P.A., Orlando, for appellees.

¶3*525 DAUKSCH, Chief Judge.

¶4This is an appeal from an "Order requiring that there be declared a set-off... ." Even assuming this is an appealable order, the notice of appeal was not timely filed and this court lacks jurisdiction to consider the matter further. Appellant's statements as to the dates when the order appealed was rendered and the notice of appeal was filed are patently wrong and the record is clear and obvious that the order appealed was rendered on May 15, 1981 and the notice of appeal was not filed until June 16, 1981 some 32 days later. A timely notice of appeal must be filed within 30 days in order for this court to have jurisdiction; late filing is a defect no one can correct, not even the court. Fla.R.App.P. 9.110(b). Dibble v. Dibble,377 So.2d 1001 (Fla. 3d DCA 1979); Perego v. Robinson,377 So.2d 834 (Fla. 5th DCA 1979), cert. den.,388 So.2d 1116 (Fla.).

¶5APPEAL DISMISSED.

¶6FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.

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