Jones v. Jones, 5D02-838.

• Decision Date: 23 May 2003
• Docket Number: No. 5D02-838.,5D02-838.
• Citation: 845 So.2d 1012
• Parties: Paul JONES, Appellant, v. Julia Marie JONES, Appellee.
• Court: Florida District Court of Appeals

845 So.2d 1012

Paul JONES, Appellant, v. Julia Marie JONES, Appellee.

No. 5D02-838.

District Court of Appeal of Florida, Fifth District.

May 23, 2003.

Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant.

N. Lee Sasser, Jr. of Sasser & Weber, P.A., Orlando, for Appellee.

THOMPSON, C.J.

Paul F. Jones ("former husband") appeals the final judgment of dissolution of marriage. We are without jurisdiction and dismiss the appeal.

Through an apparent oversight, the final judgment was not served on the former husband. The former husband somehow learned of the final judgment and served a motion for rehearing. The motion was three days late under rule 1.530(b), Florida Rules of Civil Procedure, which requires that motions for a new trial in a non-jury action be served within ten days of the filing of the judgment.¹ The trial court denied the motion for rehearing, but stated in its order:

IT IS FURTHER ORDERED AND ADJUDGED that a copy [of the final judgment] was not sent to Mr. Jones and that the times to file motions and appeals are extended to reflect this....

The former husband filed his notice of appeal more than 30 days after the judgment was filed. A notice of appeal must be filed within 30 days of rendition of the order to be reviewed. Fla. R.App. P. 9.100(b).² A motion for rehearing delays rendition of a final order, see Rule 9.020(h), Florida Rules of Appellate Procedure,³ but only if the motion is timely, see, e.g., Scott v. State, Dept. of Children and Families, 804 So.2d 486 (Fla. 1st DCA 2001)

. The fact that the former husband did not receive immediate notice of the rendition of the final judgment does not extend the time to file the notice of appeal. See Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983). Furthermore, jurisdictional time limits may not be altered by the actions or inactions of the parties or the trial court. State v. Wagner, 825 So.2d 453 (Fla. 5th DCA 2002). The trial court was without authority to extend the time to file a motion for rehearing or to file the notice of appeal. See id.; Fla. R. Civ. P. 1.090(b).⁴ Because the notice of appeal was filed more than 30 days after the judgment was filed, because the untimely motion for rehearing did not delay rendition, and because the trial court had no authority to extend the filing time, the appeal is dismissed.

DISMISSED.

PETERSON and SAWAYA, JJ., concur.

1. Florida Rule of Civil Procedure 1.530(b) reads:

(b) Time for Motion. A motion for new trial or for rehearing shall be served not later than 10 days after the return of the verdict in a jury action or the date of the filing of the judgment in a non-jury action. A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined.

2. Florida Rule of Appellate Procedure 9.110(b) states:

(b) Commencement. Jurisdiction of the court under this rule shall be invoked by filing 2 copies of a notice, accompanied by filing fees prescribed by law, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.

3. Rule 9.020 provides in part:

(h) Rendition (of an Order). An order is rendered when a signed, written order is filed with the clerk of the lower tribunal. However, unless another applicable rule of procedure specifically provides to the contrary, if a final order has been entered and there has been filed in the lower tribunal an authorized and timely motion for new trial, for rehearing, for clarification, for certification, to alter or amend, for judgment in accordance with prior motion for...