FRED JOSEPH THOMPSON v. MELISSA MILLENDER
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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
FRED JOSEPH THOMPSON,
Appellant,
v.
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CASE NO. 1D06-5637
MELISSA MILLENDER,
Appellee.
___________________________/
Opinion filed December 27, 2006.
An appeal from the Circuit Court for Franklin County.
William L. Gary, Judge.
Fred Joseph Thompson, pro se, Appellant.
John H. Sytsma, Apalachicola, for Appellee.
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of
November 9, 2006, the Court has determined that the appellant has failed to
demonstrate that the notice of appeal timely invoked the Court’s jurisdiction.
Specifically, the Court’s show cause order pointed out that it was not apparent
whether the appellant’s motion for rehearing was timely served thus delaying
rendition of the underlying order. The Court directed the appellant to submit a copy
of the motion for rehearing bearing the date of service. However, the motion for
rehearing bears no certificate indicating when the motion was served on the opposing
party. Although the motion was filed within ten days of the date the underlying order
was filed in the lower tribunal, it is the date of service that determines whether the
motion was timely pursuant to Florida Rule of Civil Procedure 1.530. Pennington v.
Waldheim, 669 So. 2d 1158 (Fla. 5th DCA 1996). Because it appears to the Court
that the appellant’s notice of appeal was not timely filed, the appeal is hereby
dismissed for lack of jurisdiction.
BROWNING, C.J., DAVIS, and LEWIS, JJ., CONCUR.
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