MARVIN MORRIS, A/K/A SYLVESTER ANDERSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
MARVIN MORRIS, A/K/A SYLVESTER ANDERSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
630 So. 2d 232
Florida District Court of Appeal, Third District (1994)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Since the appellant’s unauthorized successive motion for rehearing, filed after his first motion for rehearing was denied, did not suspend the rendition time for review of the order denying his motion for 3.850 relief, see Shelby Mut. Ins. Co. v. Pearson, 236 So. 2d 1 (Fla.1970), the present appeal, filed several months after the denial of the “first” motion for rehearing, is dismissed as untimely filed. See Dominguez v. Barakat, 609 So. 2d 664 (Fla.3d DCA 1992).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Donneco King v. State, 870 So. 2d 69 (Fla. 2d DCA 2003)…1206, 1209 (Fla. 5th DCA 2002) (“There is simply no rule or statutory authority for a trial court to reconsider the merits of an unappealed final order denying post conviction relief some six months after its rendition.”). See also Morris v. State, 630 So. 2d 232 (Fla. 3d DCA 1994). Because the State is not allowed to file a motion for rehearing under rule 3.850, the trial court lacked the authority to grant the State’s motion and vacate the final, unappealed orders allowing King to withdraw his pleas. Ther…
-
Smith v. State, 967 So. 2d 1008 (Fla. 1st DCA 2007)…imely. Appellant’s “Motion For Reconsideration Of Defendant’s Motion For Rehearing,” is an unauthorized motion for rehearing and does not delay rendition of the trial court’s order of September 27, 2006. See Fla. R.App. P. 9.020(h); Morris v. State, 630 So. 2d 232 (Fla. 3d DCA 1994). As such, appellant’s notice of appeal should have been filed within thirty days of the trial court’s denial of appellant’s timely motion for rehearing, filed on October 6, 2006. Fla. R.App. P. 9.140. Because the notice of appeal…
-
Pamala Morgan v. State, 683 So. 2d 1191 (Fla. 5th DCA 1996)…PER CURIAM. We dismiss this appeal for lack of jurisdiction. See Morris v. State, 630 So. 2d 232 (Fla. 3rd DCA1994). DAUKSCH, SHARP, W., and ANTOON, JJ., concur.…
Authorities Cited
- Shelby Mut. Ins. Co. OF Shelby v. Tillman Pearson, 236 So. 2d 1 (Fla. 1970)
- Dominguez v. Barakat, 609 So. 2d 664 (Fla. 3d DCA 1992)