Florida Statutes

Fla. Stat. § 59.081 (2025)

Time for invoking appellate jurisdiction of any court.

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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.

Notes of Decisions

Cited in 21 cases (2 in the last 5 years), 1968–2025 · leading case: Sims v. State, 998 So. 2d 494 (Fla. 2008).

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Sims v. State, 998 So. 2d 494 (Fla. 2008). · cites it 11× “§ 59.081, Fla. Stat. (2005) (emphasis added).”

Dibble v. Dibble, 377 So. 2d 1001 (Fla. 3d DCA 1979). · cites it 4× “The law is well-settled that the time within which an appeal may be taken to any court in this state "shall be prescribed by rule of the supreme court," § 59.081(1), Fla. Stat. (1977), and the "[f]ailure to invoke the jurisdiction of any such court within the time prescribed by…”

Dresdner, Md, Pa v. Charter Oak, 972 So. 2d 275 (Fla. 2d DCA 2008). · cites it 2× “Section 59.081, Florida Statutes (2004), addresses the subject of the time for invoking the appellate jurisdiction of any court.”

Peltz v. Dist. Court of Appeal, 605 So. 2d 865 (Fla. 1992). · cites it 2× “3d DCA 1979); § 59.081(2), Fla. Stat. (1985). The notice of cross appeal, on the other hand, is not a jurisdiction-invoking document, but instead is in the nature of a cross assignment of error.”

Grady v. Lee Cnty., 458 So. 2d 1211 (Fla. 2d DCA 1984). · cites it 2× “§ 59.081, Fla. Stat. (1983). Under Florida Rule of Appellate Procedure 9.”

Rubenstein v. Richard Fidlin Corp., 346 So. 2d 89 (Fla. 3d DCA 1977). · cites it 2× “Article V, Section 2(a), Florida Constitution (1968); Section 59.081, Florida Statutes (1975); Fla.”

Breakstone v. Baron's of Surfside, Inc., 528 So. 2d 437 (Fla. 3d DCA 1988). · cites it 2× “3d DCA 1979); § 59.081(2), Fla. Stat. (1985). The notice of cross appeal, on the other hand, is not a jurisdiction-invoking document, but instead is in the nature of a cross assignment of error.”

Weintraub v. Alter, 482 So. 2d 454 (Fla. 3d DCA 1986). · cites it 2× “1958); § 59.081(2), Fla. Stat. (1983). The clerk of a trial court has no discretionary authority to refuse to accept a notice of appeal for filing on the ground that it is not accompanied by the required filing fee.”

Kowch v. Bd. of Cnty. Commissioners, 467 So. 2d 340 (Fla. 5th DCA 1985). · cites it 2× “The time for invoking common law certiorari jurisdiction of the circuit court is governed by the Florida Rules of Appellate Procedure by operation of section 59.081, Florida Statutes (1984). Florida Rule of Appellate Procedure 9.”

Ronald Matheny v. Indian River Fire Rescue/ Johns E. etc., 174 So. 3d 1129 (Fla. 1st DCA 2015). · cites it 2× “3d DCA 2013); see also § 59.081(2), Fla. Stat. (2014) (“Failure to invoke the jurisdiction of any such court within the time prescribed by such.”

Oceania Jt. Venture v. OCEAN VIEW, LTD., 707 So. 2d 917 (Fla. 3d DCA 1998). · cites it 2× “[3] Compare section 59.081, Florida Statutes (1997), where in 1969 by legislative fiat, the supreme court was specifically conferred authority to prescribe, by rule, the time for invoking appellate jurisdiction of any court.”

Miccosukee Tribe of Indians of Florida v. Lewis, 122 So. 3d 504 (Fla. 3d DCA 2013). · cites it 2× “§ 59.081(2), Fla. Stat. (2013) (providing that failure to timely invoke the jurisdiction of a reviewing court “shall divest such court of jurisdiction to review such cause”); Wibbens v.”

Show all 21 citing cases →

— 59.081(1) — 2 cases

Sims v. State, 998 So. 2d 494 (Fla. 2008). “§ 59.081, Fla. Stat. (2005) (emphasis added).”

Dibble v. Dibble, 377 So. 2d 1001 (Fla. 3d DCA 1979). “The law is well-settled that the time within which an appeal may be taken to any court in this state "shall be prescribed by rule of the supreme court," § 59.081(1), Fla. Stat. (1977), and the "[f]ailure to invoke the jurisdiction of any such court within the time prescribed by…”

— 59.081(2) — 10 cases

Sims v. State, 998 So. 2d 494 (Fla. 2008). “§ 59.081, Fla. Stat. (2005) (emphasis added).”

Peltz v. Dist. Court of Appeal, 605 So. 2d 865 (Fla. 1992). “3d DCA 1979); § 59.081(2), Fla. Stat. (1985). The notice of cross appeal, on the other hand, is not a jurisdiction-invoking document, but instead is in the nature of a cross assignment of error.”

Breakstone v. Baron's of Surfside, Inc., 528 So. 2d 437 (Fla. 3d DCA 1988). “3d DCA 1979); § 59.081(2), Fla. Stat. (1985). The notice of cross appeal, on the other hand, is not a jurisdiction-invoking document, but instead is in the nature of a cross assignment of error.”

Weintraub v. Alter, 482 So. 2d 454 (Fla. 3d DCA 1986). “1958); § 59.081(2), Fla. Stat. (1983). The clerk of a trial court has no discretionary authority to refuse to accept a notice of appeal for filing on the ground that it is not accompanied by the required filing fee.”

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