Washington v. Labor Ready, Case No. 1D10-2989 (Fla. 1st DCA Aug. 18, 2010)

“It is a settled rule of law that mailing, as opposed to filing, a notice within the thirty-day filing period is insufficient to preserve appellate rights.” Citing Millinger v. Broward County Mental Health Div., 672 So.2d 24, 26 (Fla. 1996).  The Court didn’t bother to discuss the facts, but did let us know that it issued an order to show cause prior to dismissing the lawsuit. The relevant rule is 9.110, Florida Rules of Appellate Procedure.

Washington v. Labor Ready, Case No. 1D10-2989 (Fla. 1st DCA Aug. 18, 2010)