Opinion
No. 2D13–2804.
2013-09-19
Edward L. SMITH A.K.A James Wright, Appellant/Petitioner(s), v. STATE Of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT.
This court's order to show cause dated June 17, 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(h) on March 26, 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 April 25, 2013 (within 30 days of the rendition of the order being appealed).
For pro se prisoners, the notice of appeal is considered filed as of the date placed on the notice by the prisoner, June 6, 2013 (72 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, Pep't of Bus. Reg., 448 So.2d 1126 (Fla. 2d DCA 1984).