Timeliness - The Law Office of Joseph S. Kashi, P.A.

APPEALS: TIMELINESS: NOTICE OF APPEAL FILED MORE THAN THIRTY DAYS AFTER JUDGMENT WAS FILED WITH CLERK OF LOWER TRIBUNAL WAS UNTIMELY

Case Decision Date: March 12, 2015 Reviewed by Joseph S. Kashi

Hunt v. Wells Fargo Bank, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D641 (Fla. 1^st DCA March 12, 2015)

The appellate court dismissed an appeal as untimely because the notice of appeal was filed more than thirty days after the judgment was filed with the clerk of the lower tribunal.

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APPEALS: TIMELINESS: BANKRUPTCY: PREEMPTION: THE DEADLINE TO FILE A NOTICE OF APPEAL WAS STAYED BY THE APPELLANT’S PETITION FOR BANKRUPTCY

Case Decision Date: February 6, 2015 Reviewed by Joseph S. Kashi

AmMed Surgical Equipment, LLC v. Professional Medical Billing Specialists, LLC, ___ So. 3d ___, 40 Fla. L. Weekly D352 (Fla. 2d DCA February 6, 2015)

Although the defendant filed a notice of appeal 70 days after rendition of a preliminary injunction against it, the court held that the appeal was timely under the unique circumstances of this case. Under Fla. … Click To Read Full Case Law Review...

CIVIL PROCEDURE: CLASS ACTIONS: JUDGMENTS: AMENDMENT: RELIEF FROM JUDGMENT: FRAUD: TIMELINESS: TRIAL COURT LACKED JURISDICTION TO AMEND JUDGMENT TEN YEARS AFTER IT WAS ENTERED: ALTHOUGH TRIAL COURT RETAINED JURISDICTION TO ENFORCE JUDGMENT, AMENDMENT MODIFIED, RATHER THAN ENFORCED, JUDGMENT

Case Decision Date: February 4, 2015 Reviewed by Joseph S. Kashi

Juno Ocean Walk Condominium Association, Inc. v. The North County Company, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D344 (Fla. 4^th DCA February 4, 2015)

Ten years after a condominium unit owner opted out of a class action settlement with the developer, the class representative and the unit owner filed a motion to amend judgment to include … Click To Read Full Case Law Review...

FAMILY LAW: ALIMONY; APPEALS: TIMELINESS: TIME TO APPEAL RAN FROM DATE OF RENDITION OF ORIGINAL ORDER BECAUSE AMENDED ORDER MERELY CORRECTED AN ERRONEOUS DATE AND DID NOT EFFECT A SUBSTANTIVE CHANGE

Case Decision Date: January 23, 2015 Reviewed by Joseph S. Kashi

Panopoulos v. Panopoulos, ___ So. 3d ___, 40 Fla. L. Weekly D268 (Fla. 2d DCA January 23, 2015)

The husband’s time to appeal began to run from the date of rendition of the original order awarding durational alimony to the wife because the trial court’s amended order merely corrected a date and did not effect a substantive change.

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REAL ESTATE: FORECLOSURE; APPEALS: TIMELINESS: SECOND TIER CERTIORARI: CIRCUIT COURT, SITTING IN ITS APPELLATE CAPACITY, DID NOT VIOLATE CLEARLY ESTABLISHED PRINCIPLE OF LAW, BY CONCLUDING THAT IT LACKED JURISDICTION TO CONSIDER UNTIMELY APPEAL

Case Decision Date: January 23, 2015 Reviewed by Joseph S. Kashi

Samuels v. Tankel, ___ So. 3d ___, 40 Fla. L. Weekly D271 (Fla. 1^st DCA January 23, 2015)

The petitioner appealed to the circuit court from an order of the county court in a foreclosure case. The circuit court, on first tier certiorari review, dismissed the appeal because the petitioner did not timely invoke the jurisdiction of the circuit … Click To Read Full Case Law Review...