Narrative Opinion Summary
The District Court of Appeal of Florida, First District, ruled on the appeal case of Pita Bakeries of America, Inc. v. Old Dominion Insurance Company. The appellee, Old Dominion Insurance Company, filed a motion to dismiss the appeal on the grounds that it was untimely. The Court reviewed the appellant's response to a show cause order and determined that the notice of appeal was not filed within the required timeframe. The deadline for filing the notice was June 2, 2006, but it was filed on June 5, 2006, which did not meet the timeliness requirement under Florida Rule of Appellate Procedure 9.110(b). Consequently, the Court granted the motion to dismiss and dismissed the appeal for lack of jurisdiction. Judges Allen, Benton, and Hawkes concurred in the decision.
Legal Issues Addressed
Jurisdictional Requirement for Appealssubscribe to see similar legal issues
Application: The failure to file a timely notice of appeal resulted in the dismissal of the appeal due to lack of jurisdiction.
Reasoning: Consequently, the Court granted the motion to dismiss and dismissed the appeal for lack of jurisdiction.
Timeliness of Notice of Appealsubscribe to see similar legal issues
Application: The Court emphasized the necessity of filing a notice of appeal within the prescribed timeframe to establish jurisdiction.
Reasoning: The deadline for filing the notice was June 2, 2006, but it was filed on June 5, 2006, which did not meet the timeliness requirement under Florida Rule of Appellate Procedure 9.110(b).