Date Stamp Creates Presumption of Filing Date – Strax Rejuvenation and Aesthetics Institute, Inc. v. Shield, Case No. SC10-57 (Fla. Sept. 30 2010)

Interpreting Rule 1.080(e), which provides that “[t]he date of filing is that shown on the face of the paper by the judge’s notation or the clerk’s time stamp, whichever is earlier,” the Florida Supreme Court holds that the clerks stamp only creates a rebuttable presumption of the date of filing, and is not conclusive, for purposes of determining whether an appeal was timely filed.  To overcome the presumption, a litigant must present competent, substantial evidence to prove that the filing deadline was met.

In so holding, the Court reiterated that the Rules of Civil Procedure should be interpreted to secure justice and due process for all litigants.

Strax Rejuvenation & Aesthetics Institute, Inc. v. Shield, Case No. SC10-57 (Fla. Sept. 30 2010)