Poteete v. Wales

In Poteete v. Wales, (2020AP741) the District IV Court of Appeals dismissed an appeal on ground that the court lacked jurisdiction because the appeal had been filed after the time to appeal had already expired.

Facts:

The circuit court heard a security deposit dispute between landlord and tenant, with a ruling ultimately being made in favor of the tenants. The tenants filed a post-judgement motion for an increase in the judgment. The circuit court denied the motion, and eventually, the tenants appealed. However, the appeal occurred after the time that it was allowed. Because of this, the court requested the partied brief the issue of whether the court had jurisdiction based on the late filing. The tenants failed to file a brief addressing the jurisdictional issue.

Discussion:

            Because of the failure of the tenants to properly brief the issue of jurisdiction, the court dismissed the case. However, it also briefly addressed the arguments that the tenants did make in a reply brief, finding them underdeveloped and unconvincing.