Public-domain · open source
OpenJurist

440 So. 2d 477

Docket No. 83-1345.

Snelson v. Snelson

Alfred Francis SNELSON, Appellant, v. Mary A. SNELSON, Appellee.

District Court of Appeal of Florida

Decided November 3, 1983.

District Court of Appeal of Florida · decided 1983-11-03

Relies on 381 So. 2d 349 - Gibson v. Buice · Woldarsky v. Woldarsky

Decided 1983-11-03

¶1John T. McKnight, Brunswick, Ga., for appellant.

¶2W.B. Hunter, Tavares, for appellee.

¶3

ON MOTION TO DISMISS

¶4ORFINGER, Chief Judge.

¶5The notice of appeal was filed more than thirty days following rendition of the order appealed from, so we are without jurisdiction and the appeal is dismissed.

¶6Appellant's assertion that he was not furnished a copy of the order and thus did not have timely notice of its entry does not extend the jurisdictional time limit for appeal. Relief may be sought in the trial court by motion under Fla.R.C.P. 1.540(b) to set aside the order where no notice of its entry was given the parties, coupled with a request that a new order be entered so that the right of appeal is preserved. See Gibson v. Buice, 381 So.2d 349 (Fla. 5th DCA 1980); Woldarsky v. Woldarsky, 243 So.2d 629 (Fla. 1st DCA 1971).

¶7APPEAL DISMISSED.

¶8DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.

/440/so2d/477 · .json · Public domain