Opinion
No. 2D13–6064.
01-29-2014
Adrian DUDLEY, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
Opinion
BY ORDER OF THE COURT.
After consideration of appellant's response received January 21, 2014, the order to show cause dated December 30, 2013, 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 11, 2013, unless rendition was delayed by the filing of a timely motion for rehearing.
Appellant filed a timely motion for rehearing which delayed the time for filing a notice of appeal until after the circuit order disposing of the motion for rehearing was rendered on August 9, 2013.
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 September 9, 2013 (within 30 days of the rendition of the order denying the motion for rehearing 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, October 8, 2013 (60 days after rendition of the order denying the motion for rehearing).
Appellant's notice of appeal is untimely filed and this appeal must be dismissed for Jack of jurisdiction. See Bouchard v. State. Dep't of Bus. Reg., 448 So.2d 1126 (Fla. 2d DCA 1984).