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Davis v. State

District Court of Appeal of Florida, Third District
Nov 25, 2009
22 So. 3d 827 (Fla. Dist. Ct. App. 2009)

Opinion

No. 3D09-2306.

November 25, 2009.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.

Everick Davis, in proper person.

Bill McCollum, Attorney General, for appellee.

Before RAMIREZ, C.J., and ROTHENBERG and LAGOA, JJ.


Appellant appeals from the trial court's July 21, 2009 order denying his second motion for rehearing. Appellant's first motion for rehearing was denied and furnished to appellant on April 6, 2009. Because the appellant's unauthorized, successive motion for rehearing did not suspend the rendition time for review of the order denying his motion for 3.850 relief, the present appeal, filed several months after the denial of the "first" motion for rehearing, is hereby dismissed as untimely. See Dominguez v. Barakat, 609 So.2d 664 (Fla. 3d DCA 1992).


Summaries of

Davis v. State

District Court of Appeal of Florida, Third District
Nov 25, 2009
22 So. 3d 827 (Fla. Dist. Ct. App. 2009)
Case details for

Davis v. State

Case Details

Full title:Everick E. DAVIS, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Nov 25, 2009

Citations

22 So. 3d 827 (Fla. Dist. Ct. App. 2009)