Miles v. State

Full title: IVORY MILES, JR., Appell ant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Apr 27, 2012

CASE NO. 1D11-6854 (Fla. Dist. Ct. App. Apr. 27, 2012)

Opinion

CASE NO. 1D11-6854

04-27-2012

IVORY MILES, JR., Appell ant, v. STATE OF FLORIDA, Appellee.

Ivory Miles, Jr., pro se, Appellant. Pamela Jo Bondi, Attorney General, and Christine Ann Guard, Senior Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

An appeal from the Circuit Court of Duval County.

Mallory D. Cooper, Judge.

Ivory Miles, Jr., pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Christine Ann Guard, Senior Assistant

Attorney General, Office of the Attorney General, Tallahassee, for Appellee.
PER CURIAM.

The trial court did not abuse its discretion by denying Appellant's motion for extension of time to file a motion for rehearing and denying the motion for rehearing as untimely. Because the motion for rehearing was untimely, it did not toll the rendition of the final order for purposes of seeking this appeal. Fla. R. App. P. 9.020(h). This appeal is thus untimely and is DISMISSED. Gary v. State, 5 So. 3d 713 (Fla. 1st DCA 2009). PADOVANO, ROWE, and MARSTILLER, JJ., CONCUR.