GRACE JONES, APPELLANT,
v.
JAMES HILLMAN CANNON, SR., APPELLEE
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PER CURIAM.
Grace Jones suffered an adverse judgment in the County Court for Gilchrist County. Her appeal to the circuit court resulted in an affirmance by opinion which issued September 8, 1999. Mandate issued on September 28. She filed an appeal to this court on October 18.
We elect to treat the notice of appeal as seeking to invoke this court’s certiorari jurisdiction. See Haines City Community Development v. Heggs, 658 So. 2d 523 (Fla.1995); Fla. R.App. P. 9.040(c). Pursuant to Rule 9.100(c)(1), a certiorari petition must be filed within 30 days of rendition of the order to be reviewed. This time limit is jurisdictional. Hofer v. Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982). Jones contends the time should be measured from issuance of mandate by the circuit court but we find this reasoning was rejected in Roy v. State, 211 So. 2d 554 (Fla.1968).
As this court’s jurisdiction was not timely invoked, the cause is hereby dismissed.
BOOTH, MINER and KAHN, JJ., concur.
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Caldwell v. Wal-Mart Stores, 980 So. 2d 1226 (Fla. 1st DCA 2008)…dure provides that a petition for writ of certiorari shall be filed within thirty days of the date of rendition of the order. This is not merely a matter of procedure; the time for seeking review by certiorari is jurisdictional. See Jones v. Cannon, 750 So. 2d 108 (Fla. 1st DCA 1999); Excel Auto Group, Inc. v. Ford Motor Credit Co., 777 So. 2d 1187 (Fla. 5th DCA 2001). As with an untimely notice of appeal, an untimely petition for writ of certiorari is ineffective to confer jurisdiction on the appellate court…
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Miller v. State, 781 So. 2d 1146 (Fla. 1st DCA 2001)…se to a show cause order on jurisdiction, Miller argues the time for invoking this court’s jurisdiction should begin to run when the circuit court issued its mandate. That same argument, however, was recently rejected by this court. Jones v. Cannon, 750 So. 2d 108 (Fla. 1st DCA 1999). Accordingly, this proceeding is hereby dismissed for lack of jurisdiction. DISMISSED. BARFIELD, C.J., ALLEN and BROWNING, JJ., concur.…
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Excel Auto Grp., Inc. v. Ford Motor Credit Co., 777 So. 2d 1187 (Fla. 5th DCA 2001)…k for jurisdiction. [*1188] Pursuant to rule 9.100(c)(1), Florida Rules of Appellate Procedure, a certiorari petition must be filed within thirty (30) days of rendition of the order to be reviewed. This time limit is jurisdictional. Jones v. Cannon, 750 So. 2d 108, 109 (Fla. 1st DCA 1999). Excel contends the time should be extended to allow for mailing pursuant to Florida Rule of Appellate Procedure 9.420(d). But that rule does not apply to the filing of a notice of appeal or petition for certiorari. See Turn…
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- Haines City Cmty. Dev. v. Leila Heggs, 658 So. 2d 523 (Fla. 1995)
- Litem v. Maritz GIL DE Rubio and Ferdinand Gil De Rubio, 409 So. 2d 527 (Fla. 5th DCA 1982)
- Emil Albert Dealto v. The Honorable Richard B. Keating, 409 So. 2d 527 (Fla. 5th DCA 1982)
- ROY v. State, 211 So. 2d 554 (Fla. 1968)