Narrative Opinion Summary
Appellant's appeal is dismissed due to lack of jurisdiction, as the filing rules established in Fla. Admin. Code R. 60Q-6.108(l)(e) indicate that any document received after 5:00 p.m. is considered filed at 8:00 a.m. of the next business day. This aligns with the precedent set in Metellus v. State, which asserts that jurisdictional rules cannot be modified by the court or through agreements between parties. Additionally, the dismissal is supported by Buscaino v. Yarborough, which reinforces the dismissal of untimely appeals for jurisdictional reasons. Judges Kahn, Davis, and Clark concur with the decision.
Legal Issues Addressed
Filing Rules under Florida Administrative Codesubscribe to see similar legal issues
Application: The court applied the filing rule that documents submitted after 5:00 p.m. are filed the next business day at 8:00 a.m., impacting the timeliness of the appeal.
Reasoning: As the filing rules established in Fla. Admin. Code R. 60Q-6.108(l)(e) indicate that any document received after 5:00 p.m. is considered filed at 8:00 a.m. of the next business day.
Jurisdiction in Appealssubscribe to see similar legal issues
Application: The appeal was dismissed because the court lacked jurisdiction due to the untimely filing of the document.
Reasoning: Appellant's appeal is dismissed due to lack of jurisdiction, as the filing rules established in Fla. Admin. Code R. 60Q-6.108(l)(e) indicate that any document received after 5:00 p.m. is considered filed at 8:00 a.m. of the next business day.
Precedent on Jurisdictional Rulessubscribe to see similar legal issues
Application: The court referenced Metellus v. State to demonstrate that jurisdictional rules are strict and cannot be altered by the court or through agreements between parties.
Reasoning: This aligns with the precedent set in Metellus v. State, which asserts that jurisdictional rules cannot be modified by the court or through agreements between parties.
Timeliness and Dismissal of Appealssubscribe to see similar legal issues
Application: The dismissal of the appeal was further supported by the precedent in Buscaino v. Yarborough, emphasizing the importance of timely appeals for maintaining jurisdiction.
Reasoning: Additionally, the dismissal is supported by Buscaino v. Yarborough, which reinforces the dismissal of untimely appeals for jurisdictional reasons.