Opinion
No. 2D14–1890.
2014-07-18
Alan B. CURTIS, Appellant/Petitioner(s), v. Jane DOE, Appellee/Respondent(s).
BY ORDER OF THE COURT.
After consideration of appellant's response received June 18, 2014, the order to show cause dated April 25, 2014, is hereby discharged, but this appeal is dismissed for lack of jurisdiction because the notice of appeal was untimely filed.
The nonfinal circuit court order appealed was rendered under the requirements of Florida Rule of Appellate Procedure 9.020(i) on February 20, 2014.
The notice of appeal to be timely under the requirements of Florida Rule of Appellate Procedure 9.130(b) had to be filed with the clerk of the circuit court by March 24, 2014 (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).
Even a timely motion for rehearing does not delay rendition of the nonfinal order being appealed. See Potucek v. Smeja, 419 So.2d 1192 (Fla. 2d DCA 1982); Agere Sys., Inc. v. All American Crating, Inc., 931 So.2d 244 (Fla. 5th DCA 2006); Deal v. Deal, 783 So.2d 319 (Fla. 5th DCA 2001); Longo v. Longo, 515 So.2d 1013 (Fla. 1st DCA 1987).
For pro se prisoners, the notice of appeal is considered filed as of the date placed on the notice by the prisoner, April 20, 2014 (59 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). ALTENBERND, BLACK, and SLEET, JJ., Concur.