Opinion
No. 2D12–4304.
2012-09-13
J.M., Appellant/Petitioner(s), v. STATE, DEPT. OF CHILDREN & FAMILY SERVICES, Appellee/Respondent(s).
BY ORDER OF THE COURT.
The two orders entitled “amended order of appellate jurisdiction and disposition and final judgment terminating parental rights,” rendered on June 26 and July 3, 2012, appear to be identical. As such, the notice of appeal was required to be filed within 30 days of June 26, 2012. See, e.g., Walker v. Walker, 4 So.3d 35, 36–37 (Fla. 3d DCA 2009). Because the notice was filed after the 30–day deadline, this appeal is dismissed as untimely. This dismissal is without prejudice to the appellant to seek relief in the trial court either under Florida Rule of Civil Procedure 1.540 (if counsel's failure to timely file the notice of appeal can be attributed to an error of the trial court or clerk), see, e.g., Snelson v. Snelson, 440 So.2d 477 (Fla. 5th DCA 1983), or by petition for writ of habeas corpus, see, e.g., In re B.H., 893 So.2d 639 (Fla. 2d DCA 2005), and to timely appeal from the resulting order.