Opinion
No. 2D14–2643.
07-18-2014
Corey Javon FIELDS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
Opinion
BY ORDER OF THE COURT.
After consideration of appellant's response received June 20, 2014, the order to show cause dated June 12, 2014, 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 March 28, 2014.
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 April 28, 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).
For pro se prisoners, the notice of appeal is considered filed as of the date placed on the notice by the prisoner, May 23, 2014 (56 days after rendition of the order being appealed). Appellant has not provided sufficient evidence to prove that he filed a notice of appeal with either the circuit court or this court on or about April 4, 2014, as he alleges in his response.
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.