Opinion
No. 1D21-1063
06-24-2021
Roosevelt KING, Petitioner, v. DEPT. OF CORRECTIONS, Respondent.
Roosevelt King, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.
Roosevelt King, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
Per Curiam.
Petitioner seeks review of a post judgment order denying his motion to remove a lien on his inmate trust account in an extraordinary writ proceeding. Review of this order is properly as an appeal of a nonfinal order; Petitioner's motion to remove the lien filed below is in the nature of a motion for rehearing of an interlocutory ruling. See Mobley v. McNeil , 989 So. 2d 1215 (Fla. 1st DCA 2008). As the motion is akin to a motion for rehearing, it had to have been filed within 15 days after entry of the circuit court's order dismissing the mandamus petition in order to suspend rendition of the underlying ruling. See Fla. R. App. P. 9.330(a)(1) ; see also Mobley , 989 So. 2d at 1216. Here, Petitioner did not timely file the motion. Therefore, it did not toll the time for appealing the order of dismissal or the order imposing the lien, which is reviewable in the appeal of the final order disposing of the case. See Fla. R. App. P. 9.430(a). An order on a motion for rehearing is not independently reviewable. See Fla. R. App. P. 9.130(a)(4). Accordingly, we convert this mandamus proceeding to an appeal and dismiss for lack of jurisdiction.
Lewis, Rowe, and Winokur, JJ., concur.