Legal Question in Insurance Law in Florida

Re: mailbox rule

The mailbox rule is found in case law. It is not an absolute rule and is evidence. Here is one case that discusses it:

Martin v. Dep't of Revenue ex rel. Martin, 827 So. 2d 367 (Fla. 2d DCA 2005):

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HN1Under the "mailbox rule," as articulated by the Florida Supreme Court, a petition is deemed "filed" when it is placed in the hands of prison officials. Haag v. State, 591 So. 2d 614, 617-18 (Fla. 1992). [**3] HN2A petition that contains a certificate of service dated prior to the expiration for timely filing is sufficient to invoke the "mailbox rule." Griffin v. Sistuenck, 816 So. 2d 600, 601-02 (Fla. 2002). In this case the amended petition Martin attached to his initial brief bears a certificate of service of May 24, 2000. This date of filing was within twenty days of the May 10, 2000, final order dismissing Martin's initial petition. Therefore, the DOR erred in denying Martin's petition as untimely.

The DOR concedes that the "mailbox rule" applies in this case, but argues that Martin's failure to provide a record precludes relief under Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla. 1979). Applegate is inapposite because there is no factual dispute in this case; the issue is whether Martin's amended petition is timely as a matter of law. See Rittman v. Allstate Ins. Co., 727 So. 2d 391, 394 (Fla. 1st DCA 1999); Ronbeck Constr. Co. v. Savanna Club Corp., 592 So. 2d 344, 348 (Fla. 4th DCA 1992).

Good Luck.