12 Fla. L. Weekly Supp. 1143b
Insurance — Personal injury protection — Appeals — Cross-appeal — Timeliness — Where appeal was dismissed as untimely, cross-appeal served within ten days of service of appellants’s notice of appeal is also untimely
ALYSSA ZEDECK, Cross Appellee/Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Cross Appellant/Defendant. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 05-1698 (12). L.T. Case No. 03-4931 (56). August 23, 2005. Counsel: Cynthia G. Simpson, Law Offices of Aronberg & Aronberg, Delray Beach, for Cross Appellee/Plaintiff. Matt Hellman, Matt Hellman, P.A., for Cross Appellant/Defendant.
ORDER DISMISSING CROSS APPEAL
(DORIAN DAMOORGIAN, J.) THIS CAUSE is before the Court on the Motion to Dismiss Cross Appeal filed by Cross Appellee Alyssa Zedeck (“Zedeck”). For the reasons stated below, the Motion is Granted.
On January 28, 2005, Alyssa Zedeck, plaintiff in the trial court proceedings, filed her notice of appeal from an adverse final judgment. On February 15, 2005, Progressive Express Insurance Company (“Progressive”), defendant in the trial court proceedings, filed its cross appeal seeking review of the trial court’s order striking Progressive’s proposal for settlement. This Court dismissed Zedeck’s original appeal as untimely on March 22, 2005.
Rule 9.110(g) provides that an “appellee may cross-appeal by serving a notice within 10 days of the service of the appellant’s notice or within the time prescribed by subdivision (b) of this rule, whichever is later.”
In the instant matter, Progressive did not file a timely appeal or cross-appeal, because the cross-appeal is dependent on the validity of Zedeck’s appeal. See Simpkins v. Simpkins, 249 So.2d 444, 445 (Fla. 3d DCA 1971). As this Court found that it did not have jurisdiction over Zedeck’s appeal, it follows that this court has no jurisdiction to consider Progressive’s cross-appeal because Progressive failed to file a timely notice as required by Rule 9.110(g). Id.
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