Opinion
No. 2D13–6186.
2014-03-5
Donald ANDERSON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT.
After consideration of appellant's responses received January 17, 2014, and February 20, 2014, the order to show cause dated January 7, 2014, is hereby discharged, but this appeal is dismissed for lack of jurisdiction because the notice of appeal was untimely filed.
Because appellant did not provide to this court under oath any proof that, on or before November 27, 2013, he submitted to prison officials a notice of appeal, this appeal is untimely filed and must be dismissed for lack of jurisdiction. See Bouchard v. State, Dep't of Bus. Reg., 448 So.2d 1126 (Fla. 2d DCA 1984).
Any attempt to seek a belated appeal of the circuit court orders which denied appellant's motion for postconviction relief and amended motion for postconviction relief must be by a sworn petition filed with this court complying with Florida Rule of Appellate Procedure 9.141(c). See Adams v. State, 801 So.2d 145 (Fla. 1st DCA 2001).