Opinion
Case No. 5D18-3308 Case No. 5D18-3559
02-07-2020
STATE OF FLORIDA, Appellant/Cross Appellee, v. CHRISTIAN SALGADO, Appellee/Cross Appellant.
Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant/Cross Appellee. Michelle P. Smith, of Law Office of Michelle P. Smith, P.A., Orlando, for Appellee/Cross Appellant.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appeal from the Circuit Court for Orange County, John Marshall Kest, Judge. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant/Cross Appellee. Michelle P. Smith, of Law Office of Michelle P. Smith, P.A., Orlando, for Appellee/Cross Appellant. EDWARDS, J.
After careful review, we affirm the lower court's rulings with regard to the issues raised by the State in its appeal and by Christian Salgado in his cross-appeal. In addition to his cross-appeal, Mr. Salgado filed a separate notice of appeal; however, because that notice of appeal was filed more than thirty days after rendition of the order being appealed it was untimely. Accordingly, we dismiss Mr. Salgado's appeal as we lack jurisdiction. See Tillman v. State, 260 So. 2d 870, 871 (Fla. 1st DCA 1972).
APPEAL AND CROSS-APPEAL AFFIRMED; SALGADO'S APPEAL DISMISSED. HARRIS and TRAVER, JJ., concur.