Narrative Opinion Summary
Appellant's appeal was dismissed due to the failure to file a notice of appeal within the required 30 days from the date the order was mailed by the lower tribunal. This dismissal was based on Florida Rule of Appellate Procedure 9.180(b)(2). The appellant argued that she relied on an incorrect date in the certificate of service accompanying the order, which was later amended. The court indicated that the appellant could seek relief under the precedent set in Millinger v. Broward County Mental Health Division and Risk Management, 672 So.2d 24 (Fla. 1996). However, any claim regarding the reasonableness of the appellant's reliance on the erroneous date must be presented to the lower tribunal for resolution due to likely factual disputes. The appeal is dismissed, with Judges Booth, Padovano, and Browning concurring.
Legal Issues Addressed
Reliance on Incorrect Date in Certificate of Servicesubscribe to see similar legal issues
Application: The appellant's argument of relying on an incorrect date in the certificate of service was noted, but this matter must be resolved by the lower tribunal due to factual disputes.
Reasoning: The appellant argued that she relied on an incorrect date in the certificate of service accompanying the order, which was later amended.
Relief Under Precedent Millinger v. Broward County Mental Health Divisionsubscribe to see similar legal issues
Application: The court suggested that the appellant could seek relief based on the precedent set in Millinger v. Broward County Mental Health Division, but any such claim should be addressed at the lower tribunal.
Reasoning: The court indicated that the appellant could seek relief under the precedent set in Millinger v. Broward County Mental Health Division and Risk Management, 672 So.2d 24 (Fla. 1996).
Timeliness of Filing Notice of Appealsubscribe to see similar legal issues
Application: The appeal was dismissed because the appellant failed to file a notice of appeal within the 30-day period as required by the Florida Rule of Appellate Procedure 9.180(b)(2).
Reasoning: Appellant's appeal was dismissed due to the failure to file a notice of appeal within the required 30 days from the date the order was mailed by the lower tribunal.