Opinion
Case No. SC10-2423.
September 1, 2011.
Lower Tribunal No(s). 3D10-2564, 93-38701.
Appellant has filed a "Motion to Reconsider Petitioner's Post-Conviction Motion Rule 3.800," which this Court has treated as a motion for rehearing. The motion is hereby granted and the notice of appeal is hereby treated as it was originally filed.
Appellant's notice of appeal indicates that the underlying decision of the district court of appeal declares invalid a state statute or provision of the state constitution. However, the Court finds no such declaration explicit in the decision. Appellant is therefore ordered to show cause by September 16, 2011, why his appeal should not be summarily dismissed for lack of jurisdiction, as there appears to be no basis for this case to proceed as an appeal. See art. V, § 3(b)(1)-(2), Fla. Const.; Fla.R.App.P. 9.030(a)(1). Appellant's response to this order shall be served on or before September 16, 2011. Appellee may serve a reply on or before September 26, 2011.
The time for serving the briefs and record pursuant to Florida Rule of Appellate Procedure 9.110(j) are hereby tolled.
PARIENTE, LEWIS, POLSTON, LABARGA, and PERRY, JJ., concur.