Jones v. Peninsula Motor Club, Inc., 90-213
| Decision Date | 21 March 1990 |
| Docket Number | No. 90-213,90-213 |
| Citation | 558 So.2d 517 |
| Parties | 15 Fla. L. Weekly D840 James William JONES, Appellant, v. PENINSULA MOTOR CLUB, INC., et al., Appellees. |
| Court | Florida District Court of Appeals |
Appellees move to dismiss this appeal arguing that the notice of appeal was untimely.The order sought to be reviewed was rendered August 25, 1989, and the notice of appeal was filed in the lower tribunal on January 18, 1990.This filing date would be untimely.Appellant responds to the motions to dismiss and cites to Williams v. State, 324 So.2d 74(Fla.1975), which holds that a notice of appeal timely filed without simultaneous payment of the filing fee acts to vest jurisdiction in the appellate court.We have reviewed the original notice of appeal and it shows two date stamps: September 25, 1989 and January 18, 1990.The September 25, 1989, date has been crossed out.If the notice of appeal was filed on September 25, it would be timely, as the 30th day for filing the notice fell on a Sunday, and the next working day was September 25.
Appellant neither attaches correspondence nor an affidavit to establish that he tendered his notice of appeal in a timely manner and it was wrongly rejected by the clerk of the circuit court.Accordingly, we relinquish jurisdiction to the trial court for 30 days to conduct an evidentiary hearing to determine whether or not appellant tendered the notice of appeal in a timely manner.The trial court shall issue an order which contains findings of fact and conclusions of law and shall file a copy of the order with this court.The adversely affected party will be allowed to file a response in this court within ten days after filing of the circuit court's order.Upon review of...
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Hughes v. State
...the ministerial duty of a trial court clerk to accept and promptly file a notice of appeal when tendered. See Jones v. Peninsula Motor Club, Inc., 558 So.2d 517 (Fla. 1st DCA 1990); Wemett v. State, 536 So.2d 349 (Fla. 1st DCA 1988). It has also been proposed that this court should rely on ......
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State v. Johnson
...duty to accept a petition for filing even if the petition was not accompanied by the payment of filing fees); Jones v. Peninsula Motor Club, Inc., 558 So.2d 517 (Fla. 1st DCA 1990) (holding that the clerk of the circuit court has a ministerial duty to accept a notice of appeal without payme......
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Burns v. Burns, 4D19-0124
...it is apparent that the filing fee is a pre-requisite to the Portal accepting the Notice of Appeal."In Jones v. Peninsula Motor Club, Inc. , 558 So. 2d 517, 518 (Fla. 1st DCA 1990), the First District noted a "recurring problem" with county clerks rejecting notices of appeal filed without a......
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Millar Elevator Service Co. v. McGowan, 2D01-4640.
...in the lower tribunal is at times necessary for an appellate court to determine its jurisdiction. See, e.g., Jones v. Peninsula Motor Club, Inc., 558 So.2d 517 (Fla. 1st DCA 1990) (relinquishing jurisdiction to circuit court to conduct evidentiary hearing to determine whether appellant tend......
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Chapter 18-2 Initiating an Appeal
...purposes is the date of filing in the incorrect court).[7] Fla. R. App. P. 9.110(b).[8] Jones v. Peninsula Motor Club, Inc., 558 So. 2d 517, 518 (Fla. 1st DCA 1990); Mills v. Avon Park Motor Co., 223 So. 2d 802 (Fla. 2d DCA 1969) (filing fee to clerk of circuit court is not...
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Chapter 19-2 Initiating an Appeal
...purposes is the date of filing in the incorrect court).[7] Fla. R. App. P. 9.110(b).[8] Jones v. Peninsula Motor Club, Inc., 558 So. 2d 517, 518 (Fla. 1st DCA 1990); Mills v. Avon Park Motor Co., 223 So. 2d 802 (Fla. 2d DCA 1969) (recognizing that the filing fee paid to the clerk of circuit......