Opinion
Case No. - 1D22-1490
07-26-2023
Kadeem Cordale DEBOSE, Appellant(s) v. STATE of Florida, Appellee(s).
BY THE COURT:
The court strikes as unauthorized the motion for rehearing docketed June 9, 2023, regarding this court's denial of the appellant's motion for extension of time. See Fla. R. App. P. 9.330(e) (specifying that the rule on rehearing applies "only to appellate orders or decisions that adjudicate, resolve, or otherwise dispose of an appeal, original proceeding, or motion for appellate attorneys' fees").
KELSEY, J., dissenting.
I dissent from the order striking Appellant's motion for rehearing filed June 9, 2023. As the second sentence of Florida Rule of Appellate Procedure 9.330(e) makes clear, "[t]he rule is not meant to limit the court's inherent authority to reconsider nonfinal appellate orders and decisions." Under the circumstances presented here, I would grant the motion for the reasons I have expressed throughout these proceedings.
I HEREBY CERTIFY that the foregoing is a true copy of the original court order.