Miles v. State

Full title: Ivory MILES, Jr., Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Jun 20, 2012

89 So. 3d 967 (Fla. Dist. Ct. App. 2012)

Opinion

No. 1D11–6854.

2012-06-20

Ivory MILES, Jr., Appellant, v. STATE of Florida, Appellee.

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.

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.