MARK D. SHELNUTT AND FRED A. OHLINGER, PETITIONERS,
v.
CITRUS COUNTY, RESPONDENT
MARK D. SHELNUTT AND FRED A. OHLINGER, PETITIONERS,
CITRUS COUNTY, RESPONDENT
660 So. 2d 393
Florida District Court of Appeal, Fifth District (1995)
Positive Treatment
Cited by 7 cases
Opinion of the Court
DAUKSCH, Judge.
This is before the court as a petition for writ of certiorari to review an order regarding attorneys fees in a criminal case. We must dismiss the petition because we do not have jurisdiction. The petition was filed too late. A motion for rehearing directed to an interlocutory order does not toll the time for the filing of the petition for certiorari. Coldwell Banker Commercial v. Wightman, 649 So. 2d 346 (Fla. 5th DCA 1995).
PETITION DISMISSED.
PETERSON, C.J., and HARRIS, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Caufield v. Gino Cantele, 837 So. 2d 371 (Fla. 2002)…504 (Fla. 5th DCA 1985). Consequently, a motion for rehearing of a nonfinal order will not toll the time for filing a petition for certiorari. See Green Tree Vendor Servs. Corp. v. Lisi, 732 So. 2d 422 (Fla. 1st DCA 1999); Shelnutt v. Citrus County, 660 So. 2d 393 (Fla. 5th DCA 1995). Conversely, plenary appeal may only be sought from final orders. See art. V, § 4(b)(1), Fla. Const. Because motions for rehearing of final orders are authorized, they may. delay the rendering of the final order and, in turn, tol…
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Caufield v. Gino Cantele and Armando Cantele, 745 So. 2d 431 (Fla. 5th DCA 1999)…cted can make a difference in the result. For example, the time in which to seek review under the rules can vary for certiorari and appeals. See Green Tree Vendor Services Corp. v. Lisi, 732 So. 2d 422 (Fla. 1st DCA 1999); Shelnutt v. Citrus County, 660 So. 2d 393 (Fla. 5th DCA 1995). In some district courts of appeal, such as the Fifth, oral argument is not granted if timely requested for certiorari proceedings, although it is for plenary appeals. Further, an appellate court has discretion to deny certiorari…
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Dep't of Hwy. Safety & Motor Vehicles v. Bond, 696 So. 2d 949 (Fla. 5th DCA 1997)…e the appeal was untimely. The state filed its notice of appeal of the stay order more than 30 days after it was entered. A motion for rehearing of a non-final order does not suspend the date of rendition of such an order. Shelnutt v. Citrus County, 660 So. 2d 393 (Fla. 5th DCA 1995) (time for filing certiorari petition not tolled by motion for rehearing directed to interlocutory order); Coldwell Banker Commercial v. Wightman, 649 So. 2d 346 (Fla. 5th DCA 1995). [*950] The request for review is dismissed for…
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- Rose v. State, 649 So. 2d 346 (Fla. 5th DCA 1995)