Florida District Courts of Appeal, 2007

Lane v. Sims Portex/Smiths Group & Broadspire

Lane v. Sims Portex/Smiths Group & Broadspire
Florida District Courts of Appeal · Decided January 19, 2007 · Nortwick, Padovano, Polston
946 So. 2d 637; 2007 Fla. App. LEXIS 479; 2007 WL 120022 (Southern Reporter, Second Series)

Lane v. Sims Portex/Smiths Group & Broadspire

Opinion of the Court

PER CURIAM.

Vera Lane appeals an adverse order in a workers’ compensation matter. Because the notice of appeal appeared to have been filed in excess of 30 days after the date of mailing of the order at issue, we directed appellant to show cause why the appeal should not be dismissed as untimely. Counsel for appellant responds, explaining that although she timely prepared a notice of appeal, a clerical error on the part of her staff resulted in the notice not being *638delivered to a courier service for overnight delivery until after the time for initiating an appeal had already expired. We are not at liberty, however, to overlook the jurisdictional defect arising from the untimely filing in this case. Accordingly, the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

VAN NORTWICK, PADOVANO, and POLSTON, JJ., concur.

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