Associate Attorney
In litigation, timing isn’t just important—it’s everything. A recent decision from Florida’s Sixth District Court of Appeal serves as a stark reminder that arguments can be lost entirely if procedural deadlines are missed.
In Dorsey v. Hearns (6th DCA 2026), the appellate court didn’t reach the merits of the dispute at all. Instead, it dismissed the appeal outright for lack of jurisdiction due to untimely filings.
The case arose out of a probate proceeding involving orders of summary administration and homestead determination. Both final orders were rendered on December 6, 2024. The appellant, however, did not file a notice of appeal until February 12, 2025—well beyond the 30-day deadline required under Florida Rule of Appellate Procedure 9.110(b). That delay proved fatal.
The court made clear that an untimely notice of appeal is not a minor procedural defect—it is a jurisdictional bar. In other words, if the notice is late, the appellate court has no authority to review the case, regardless of its merits.
The appellant attempted to rely on a motion to set aside filed on January 13, 2025, which could potentially be construed as a motion for rehearing. However, under Florida Probate Rule 5.020(d), such a motion must be filed within 15 days of the order to toll the appeal deadline. Because this motion was untimely, it did not toll the time to appeal. As a result, the 30-day clock kept running—and expired.
This is a critical point: If you miss the deadline to appeal a final order, you don’t just lose that issue—you may lose the ability to challenge anything that came before it.
The case also highlights another pitfall: using the wrong procedural rules. The appellant relied on Florida Rules of Civil Procedure in a probate matter that was not an adversary proceeding. The court noted that those rules did not apply, further undercutting the appellant’s position. This reinforces an often-overlooked reality: different practice areas have different procedural frameworks, and applying the wrong one can be costly.
The Takeaway
The lesson from Dorsey v. Hearns is straightforward but critical: Deadlines in appellate practice are unforgiving and jurisdictional. Before pursuing an appeal, make sure you:
- File your notice of appeal within 30 days of the final order
- Timely file any motion for rehearing if you intend to toll the deadline
- Use the correct procedural rules for the type of case you are handling
Failing to do so doesn’t just weaken your case—it can end it entirely.
The Bottom Line
Courts cannot hear cases they don’t have jurisdiction over. In Dorsey, the appellant may have had arguments worth considering—but the court never reached them. The procedural missteps alone were enough to dismiss the appeal.
In litigation, substance matters—but procedure can decide everything.
THIS BLOG IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE. THE READER SHOULD CONSULT WITH KNOWLEDGEABLE LEGAL COUNSEL TO DETERMINE HOW APPLICABLE LAWS APPLY TO SPECIFIC FACTS AND SITUATIONS.