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Bode v. State

District Court of Appeal of Florida, Second District
Aug 31, 2005
909 So. 2d 537 (Fla. Dist. Ct. App. 2005)

Opinion

No. 2D05-2027.

August 31, 2005.

Petition for Writ of Certiorari to the Circuit Court for the Tenth Judicial Circuit for Polk County; sitting in its appellate capacity.

Lawrence D. Shearer of McDonald Shearer, Lakeland, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.


George Bode petitions this court for a writ of certiorari under Florida Rule of Appellate Procedure 9.030(b)(2)(B). We dismiss Bode's petition as untimely filed and therefore do not reach the merits.

A petition for certiorari must be filed "within 30 days of rendition of the order to be reviewed." Fla.R.App.P. 9.100(c)(1). Rendition takes place "when a signed, written order is filed with the clerk of the lower tribunal." Fla.R.App.P. 9.020(h); see also Philip J. Padovano, Florida Appellate Practice, § 2.3, at 26 (2005 ed.). In this case, the circuit court's signed order was filed, and thus rendered, on March 2, 2005. Bode filed his petition for a writ of certiorari in this court on April 22, 2005. Because the petition was not timely filed, this court has no jurisdiction to consider it. See Jones v. Cannon, 750 So.2d 108 (Fla. 1st DCA 2000).

Petition dismissed.

DAVIS and WALLACE, JJ., concur.


Summaries of

Bode v. State

District Court of Appeal of Florida, Second District
Aug 31, 2005
909 So. 2d 537 (Fla. Dist. Ct. App. 2005)
Case details for

Bode v. State

Case Details

Full title:George BODE, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Second District

Date published: Aug 31, 2005

Citations

909 So. 2d 537 (Fla. Dist. Ct. App. 2005)

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