Opinion
No. 2D14–2939.
07-18-2014
Christopher GREGORIS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).
Opinion
BY ORDER OF THE COURT.
After consideration of appellant's response received July 3, 2014, the order to show cause dated June 23, 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 April 17, 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 May 19, 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 appearing on the notice, June 1, 2014 (45 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.