Lumech, Inc. v. Union Venture Trading S.A.

Summary

The Third District Court of Appeal dismissed Lumech, Inc.'s appeal from a judgment arising out of a contract dispute involving frozen chicken parts. The court held that the June 5, 2024 final judgment was not timely appealed within thirty days, and that the earlier April 6 order was nonfinal and therefore did not trigger appellate jurisdiction or toll the filing period.

Holdings

1. Florida Rule of Appellate Procedure 9.110(b)'s thirty-day filing period is jurisdictional, and a notice of appeal filed more than thirty days after rendition of a final judgment does not invoke appellate jurisdiction.
2. The April 6, 2024 order was nonfinal because further judicial labor remained and the trial court expressly reserved ruling against Lumech; consequently, the motion for rehearing did not toll rendition.
3. The July 8, 2024 notices of appeal were untimely because July 5, 2024, was the thirtieth day after entry of the June 5 final judgment and was neither a state court holiday nor a court holiday designated by the chief judge.

Questions Presented

1. Whether the April 6, 2024 order was a final order from which the time for appeal began to run.
2. Whether the June 5, 2024 final judgment had to be appealed within thirty days under Florida Rule of Appellate Procedure 9.110(b).
3. Whether the July 8, 2024 notices of appeal were timely and therefore invoked appellate jurisdiction.

Disposition

dismissed