Summary
dismissing appeal as untimely where trial court lacked authority under rule 1.090(b) to extend the time to seek rehearing
Summary of this case from Surratt v. AndrewsOpinion
No. 1D15–4433.
12-18-2015
John Thomas PAYNE, III, Appellant, v. Julie L. JONES, Secretary, Florida Department of Corrections, Appellee.
John Thomas Payne, III, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee; Kenneth S. Steely, General Counsel, Florida Department of Corrections, Tallahassee, for Appellee.
John Thomas Payne, III, pro se, Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee; Kenneth S. Steely, General Counsel, Florida Department of Corrections, Tallahassee, for Appellee.
Opinion
PER CURIAM.
Upon consideration of appellant's response to the Court's order of November 9, 2015, the Court has determined that the appeal is untimely. Although the lower tribunal granted appellant's motion for an extension of time within which to seek rehearing, it was without authority to do so. Fla. R. Civ. P. 1.090(b); MCB Oil Co. v. City of Gainesville, 932 So.2d 504 (Fla. 1st DCA 2006). Consequently, appellant's untimely motion for rehearing failed to delay rendition of the underlying August 3, 2015, Order Denying Petition for Writ of Habeas Corpus pursuant to Florida Rule of Appellate Procedure 9.020(i). The notice of appeal, which was filed more than 30 days after rendition of the final order, failed to timely invoke the Court's jurisdiction. Accordingly, the appeal is dismissed for lack of jurisdiction.
ROWE, OSTERHAUS, and WINOKUR, JJ., concur.