Fort Myers estate attorney discusses the time to file an appeal of a probate dispute


One of the first issues I discuss with anyone who wants to consider an appeal is whether we still have time to invoke the jurisdiction of the appellate court.


The time to invoke the jurisdiction of the appellate court is measured from the “rendition (when the order is filed with the clerk of courts)” of an order, when all three of the following events occur: (1) the lower court's order is reduced to writing; (2) the written order is signed by the judge; and (3) the written, signed document is filed with the clerk of the lower court from which the order is issued. The date of service or mailing is not, in most cases, what matters in calculating the time for invoking the jurisdiction of the appellate court.


Generally, a party seeking to appeal has 30 days from rendition of a final order within which to file a notice of appeal. When computing time, counting begins on the day following the event that triggers the running of time. The period of time includes the last day of that time frame unless the last day falls on a Saturday, Sunday, or holiday. Holidays are only those holidays listed in the Rule. If the last day falls on a weekend or holiday, the final day to file is the next regular business day. Weekends and holidays are not counted in the calculation unless the time to act is less than seven days. Thus, if the court or other lower court “renders” an order on January 1, the notice of appeal is generally due no later than January 31. If January 31 is a Sunday, the notice is generally due no later than Monday, February 1.

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