Florida Statute 59.81 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 59
APPELLATE PROCEEDINGS

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F.S. 59.081

59.081 Time for invoking appellate jurisdiction of any court.—

(1) The time within which and the method by which the jurisdiction of any court in this state possessed of power to review the action of any other court, commission, officer or bureau may be invoked by appeal, certiorari, petition for review or other process by whatever name designated, and the manner of computing such time shall be prescribed by rule of the Supreme Court.

(2) Failure to invoke the jurisdiction of any such court within the time prescribed by such rules shall divest such court of jurisdiction to review such cause.

History.—ss. 1, 2, 3, ch. 67-175; ss. 29, 30, ch. 69-52; s. 16, ch. 71-355.

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Amendments to 59.081

Annotations, Discussions, Cases:

Cases Citing Statute 59.081

Total Results: 19

Peltz v. District Court of Appeal

605 So. 2d 865, 1992 WL 236607

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 1343674

Cited 25 times | Published

v. Dibble, 377 So.2d 1001 (Fla. 3d DCA 1979); § 59.081(2), Fla. Stat. (1985). The notice of cross appeal

Sims v. State

998 So. 2d 494, 2008 WL 4354880

Supreme Court of Florida | Filed: Sep 25, 2008 | Docket: 2527438

Cited 14 times | Published

such court of jurisdiction to review such cause. § 59.081, Fla. Stat. (2005) (emphasis added). No one has

Dresdner, Md, Pa v. Charter Oak

972 So. 2d 275, 2008 WL 161014

District Court of Appeal of Florida | Filed: Jan 18, 2008 | Docket: 1650034

Cited 11 times | Published

reviewing the relevant statute and rules of court. Section 59.081, Florida Statutes (2004), addresses the subject

Dibble v. Dibble

377 So. 2d 1001

District Court of Appeal of Florida | Filed: Dec 17, 1979 | Docket: 423486

Cited 11 times | Published

"shall be prescribed by rule of the supreme court," § 59.081(1), Fla. Stat. (1977), and the "[f]ailure to invoke

Grady v. Lee County

458 So. 2d 1211

District Court of Appeal of Florida | Filed: Nov 16, 1984 | Docket: 1733068

Cited 9 times | Published

governed by the Florida Rules of Appellate Procedure. § 59.081, Fla. Stat. (1983). Under Florida Rule of Appellate

Rubenstein v. Richard Fidlin Corp.

346 So. 2d 89, 1977 Fla. App. LEXIS 15931

District Court of Appeal of Florida | Filed: Apr 18, 1977 | Docket: 1448517

Cited 7 times | Published

Section 2(a), Florida Constitution (1968); Section 59.081, Florida Statutes (1975); Fla.App. Rule 4.2

Weintraub v. Alter

482 So. 2d 454, 11 Fla. L. Weekly 183

District Court of Appeal of Florida | Filed: Jan 14, 1986 | Docket: 1770149

Cited 6 times | Published

Salinger v. Salinger, 100 So.2d 393 (Fla. 1958); § 59.081(2), Fla. Stat. (1983). The clerk of a trial court

Breakstone v. Baron's of Surfside, Inc.

528 So. 2d 437, 1988 WL 62681

District Court of Appeal of Florida | Filed: Jun 21, 1988 | Docket: 1367097

Cited 4 times | Published

Dibble v. Dibble, 377 So.2d 1001 (Fla.3d DCA 1979); § 59.081(2), Fla. Stat. (1985). The notice of cross appeal

Oceania Joint Venture v. OCEAN VIEW, LTD.

707 So. 2d 917, 1998 WL 103751

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 1676052

Cited 3 times | Published

Fla. 11th Jur. Cir. R. 1 (1996). [3] Compare section 59.081, Florida Statutes (1997), where in 1969 by

Miccosukee Tribe of Indians of Florida v. Lewis

122 So. 3d 504, 2013 WL 5474581, 2013 Fla. App. LEXIS 15534

District Court of Appeal of Florida | Filed: Oct 2, 2013 | Docket: 60234712

Cited 2 times | Published

reviewed.” This time limit is jurisdictional. § 59.081(2), Fla. Stat. (2013) (providing that failure

Roadrunner Construction, Inc. v. Department of Financial Services, Division of Workers' Compensation

33 So. 3d 78, 2010 Fla. App. LEXIS 3849, 2010 WL 1077092

District Court of Appeal of Florida | Filed: Mar 25, 2010 | Docket: 1247116

Cited 1 times | Published

limits for invoking appellate jurisdiction. Section 59.081, Florida Statutes (2009), implements this authority

Lorene Murphy v. Alexa Spinoso, Etc.

District Court of Appeal of Florida | Filed: Feb 19, 2025 | Docket: 69651955

Published

August 5, 2024, order. Fla. R. App. P. 9.100(c); § 59.081(2), Fla. Stat. (2024) (“Failure to invoke the

Peek v. Florida Commission on Offender Review

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68404669

Published

Timeliness of an appeal is jurisdictional. Cf. § 59.081(2), Fla. Stat. (“Failure to invoke the jurisdiction

Gonzalez-Carone v. in Re: the Lance and Linda Neibauer Joint Trust, Etc.

District Court of Appeal of Florida | Filed: Nov 1, 2017 | Docket: 6183870

Published

thirty day time period is jurisdictional. Under section 59.081(2), Florida Statutes (2017), the failure to

Ronald Matheny v. Indian River Fire Rescue/ Johns Eastern etc.

174 So. 3d 1129

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991525

Published

504, 505 (Fla. 3d DCA 2013); see also § 59.081(2), Fla. Stat. (2014) (“Failure to invoke the

Concerned Citizens of Bayshore Community, Inc. v. Lee County ex rel. Lee County Board of County Commissioners

923 So. 2d 521, 2005 Fla. App. LEXIS 20248, 2005 WL 3536121

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 64842967

Published

petition would be “contrary to the provisions of section 59.081, Florida Statutes (2003), which mandates that

Kemmons Wilson, Inc. v. Atlantic Utilities of Sarasota, Inc.

523 So. 2d 633, 13 Fla. L. Weekly 600, 1988 Fla. App. LEXIS 845, 1988 WL 16861

District Court of Appeal of Florida | Filed: Mar 2, 1988 | Docket: 64634173

Published

was properly dismissed as untimely filed. See Section 59.081, Fla. Stat. (1985); Rule 9.100(c), Fla.R.App

Kowch v. Board of County Commissioners

467 So. 2d 340, 10 Fla. L. Weekly 582, 1985 Fla. App. LEXIS 12657

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 64611344

Published

Rules of Appellate Procedure by operation of section 59.081, Florida Statutes (1984). Florida Rule of Appellate

Buffalino v. State

384 So. 2d 244, 1980 Fla. App. LEXIS 16876

District Court of Appeal of Florida | Filed: Jun 3, 1980 | Docket: 64576466

Published

judgment of conviction and sentence under review. § 59.081, Fla.Stat. (1979); Fla.R.App.P. 9.140(b)(2). We