Summary
holding that the rule providing for an additional five days for a party to do some act required to be done after service of a document by mail does not apply to the filing of a petition for writ of certiorari
Summary of this case from Crumby v. StateOpinion
No. 5D01-131.
Opinion filed February 16, 2001.
Petition for Certiorari Review of Order from the Circuit Court for Brevard County, Vincent G. Torpy, Jr., Judge.
Petition Dismissed.
David J. Volk of Volk Law Offices, P.A., Melbourne, for Petitioner.
Roger A. Kelly of Rush, Marshall, Jones and Kelly, P.A., Orlando, for Respondent.
By petition filed January 16, 2001, Excel Auto Group, Inc. (Excel) seeks certiorari review of an order of the circuit court rendered December 12, 2000. We dismiss the petition for lack for jurisdiction.
Pursuant to rule 9.100(c)(1), Florida Rules of Appellate Procedure, a certiorari petition must be filed within thirty (30) days of rendition of the order to be reviewed. This time limit is jurisdictional. Jones v. Cannon, 750 So.2d 108, 109 (Fla. 1st DCA 1999). Excel contends the time should be extended to allow for mailing pursuant to Florida Rule of Appellate Procedure 9.420(d). But that rule does not apply to the filing of a notice of appeal or petition for certiorari. See Turner v. State, 557 So.2d 939 (Fla. 5th DCA 1990); Bouchard v. State Dep't of Bus. Regulation, Div. of Alcoholic Beverages and Tobacco, 448 So.2d 1126 (Fla. 2d DCA 1984); cf. Shields v. Colonial Penn Ins. Co., 513 So.2d 1363 (Fla. 5th DCA 1987) (stating that timely mailing of a notice of appeal within thirty days does not suffice).
Sharp, W., Harris and Orfinger, R. B., JJ., Concur.