Background
Alexis Harris, appealing pro se, challenged two final judgments of injunction for protection against stalking entered by the Broward County Circuit Court against Ebony Bohler and Michael Bohler. Harris also challenged the trial court’s orders denying her motions to dissolve both injunctions. The stalking injunctions were issued in connection with two separate trial court cases.
The Court’s Holding
The Fourth District affirmed the trial court’s orders denying Harris’s motions to dissolve the injunctions but dismissed the appeal of the final injunctions themselves. The court lacked jurisdiction over the appeal of the final injunctions because Harris filed her notice of appeal more than 30 days after the injunctions were entered, violating Florida Rule of Appellate Procedure 9.110(b). This jurisdictional defect was irremediable—the 30-day filing deadline cannot be waived or excused. The court was able to address the orders denying the dissolution motions because those appeals were apparently timely filed.
Key Takeaways
- Notices of appeal in injunction cases must be filed within 30 days of entry or the appellate court lacks jurisdiction to review the merits.
- Timeliness requirements are jurisdictional and cannot be overlooked, even in cases involving fundamental rights.
- Missing the appellate deadline forecloses appellate review entirely, regardless of the substantive merits of the injunction.
- Trial courts remain available for motions to dissolve or modify injunctions even after appellate deadlines pass.
Why It Matters
This decision underscores the critical importance of meeting appellate deadlines in injunction cases. For attorneys representing clients subject to stalking injunctions, the 30-day window to file a notice of appeal is a hard deadline; missing it results in complete loss of appellate review and forecloses any challenge to the underlying injunction’s validity. Practitioners must act with urgency immediately upon entry of an injunction if appellate review is contemplated.
The decision also clarifies that while appellate review may be time-barred, the trial court remains available as a forum to seek relief through dissolution or modification motions, offering an alternative path for clients to challenge injunctions after appellate deadlines expire.