Opinion
No. 2D13–6076.
2014-01-29
Leon Guy WILLIAMS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT.
The order to show cause dated January 3, 2014, is hereby discharged, but this appeal is dismissed for lack of jurisdiction because the notice of appeal was untimely filed.
The circuit court order appealed was rendered under the requirements of Florida Rule of Appellate Procedure 9.020(i) on July 26, 2013, unless rendition was delayed by the filing of a timely motion for rehearing.
A timely motion for rehearing in this case must have been filed with the clerk of the circuit court by August 13, 2013 (within 18 days of the date of service of the order to be appealed). For pro se prisoners, a motion for rehearing is considered filed as of the date the prisoner placed on the motion August 21, 2013 (26 days after service of the order being appealed).
Appellant's motion for rehearing was untimely. An untimely motion for rehearing does not delay rendition of the order being appealed. See Nelson v. State, 93 So.3d 520 (Fla. 1st DCA 2012); Leonard v. State, 828 So.2d 408 (Fla. 1st DCA 2002).
The notice of appeal to be timely under the requirements of Florida Rules of Appellate Procedure 9.141(b)(1) and 9.110(b) had to be filed with the clerk of the circuit court by August 26, 2013 (within 30 days of the rendition of the order being appealed or the first day after that which is not a holiday, Saturday, or Sunday).
For pro se prisoners, the notice of appeal is considered filed as of the date contained in the certificate of service, December 10, 2013 (137 days after rendition of the order being appealed).
Therefore, appellant's notice of appeal was filed more than 30 days after rendition of the order being appealed and is untimely. See Bouchard v. State. Dep't of Bus. Reg., 448 So.2d 1126 (Fla. 2d DCA 1984).
In light of the dismissal of this appeal for lack of jurisdiction, appellant's motion for appointment of appellate counsel is denied as moot. KHOUZAM, CRENSHAW, and BLACK, JJ., Concur.
I HEREBY CERTIFY that the foregoing is a true copy of the original court order.