09-0674 AMERICO VARGAS, v. CONWAY SOUTHERN EXPRESS and TRAVELERS INSURANCE COMPANIES

State: Florida

Court: Florida First District Court

Docket No: 09-0674

Case Date: 05/19/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA AMERICO VARGAS, Appellant, v. CONWAY SOUTHERN EXPRESS and TRAVELERS INSURANCE COMPANIES, Appellees. _____________________________/ Opinion filed May 19, 2009. An appeal from an order of the Judge of Compensation Claims. Henry H. Harnage, Judge. Date of Accident: July 2, 2001. Richard E. Zaldivar and Albert Marroquin, Miami, for Appellant. Robert J. Rodriguez, Coral Gables, for Appellees. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-0674

PER CURIAM. Upon review of Appellant's response to this court's February 16, 2009, order to show cause, Appellant's appeal is DISMISSED for lack of jurisdiction. See Fla. Admin. Code R. 60Q-6.108(1)(e) (providing any document received by

the Office of the Judge of Compensation Claims after 5:00 p.m. shall be deemed filed as of 8:00 a.m. the next regular business day); Metellus v. State, 900 So. 2d 491 (Fla. 2005) (noting a jurisdictional rule cannot be altered by the court or by agreement of the parties); see also Buscaino v. Yarborough, 935 So. 2d 635 (Fla. 1st DCA 2006) (dismissing untimely appeal for lack of jurisdiction). KAHN, DAVIS, and CLARK, JJ., CONCUR.

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