ALLAN L. HALL, PETITIONER,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT
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The court dismissed a certiorari petition for lack of jurisdiction because it was not filed within 30 days of the circuit court's order, but allowed the petitioner to seek relief in trial court under Rule 1.540 to preserve appellate rights.
A certiorari petition filed outside the 30-day jurisdictional window under Florida Rule of Appellate Procedure 9.100(c)(1) must be dismissed for lack of jurisdiction, though dismissal may be without prejudice if the delay resulted from mailing error.
[1] A dismissal for untimely filing of a certiorari petition may be without prejudice when the delay resulted from the trial court's failure to mail the order to the petition…
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Join FLexlaw to unlock all legal intelligenceAllan L. Hall sought certiorari review of a circuit court order denying his petition for writ of mandamus. The petition was filed more than 30 days af…
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PER CURIAM.
Allan L. Hall petitions this court for certiorari review of an order of the circuit court denying his petition for writ of mandamus. Because the petition was not filed within 30 days of rendition of the circuit court’s order denying Hall’s motion for rehearing, we dismiss this proceeding for lack of jurisdiction and deny petitioner’s motion to accept the petition as timely filed. See Fla.R.App.P. 9.100(c)(1). In this regard, petitioner is mistaken in his belief that the time for invoking this court’s jurisdiction was extended an additional five days pursuant to Florida Rule of Appellate Procedure 9.420(d). Cf. Allen v. Live Oak Ford Mercury, 647 So. 2d 1060 (Fla. 1st DCA 1994).
However, in light of Hall’s assertion that the delay in filing the petition was largely attributable to the fact that the circuit court’s order was not mailed to him at the correct address, our dismissal of this proceeding is without prejudice to Hall’s right to seek relief in the trial court by motion pursuant to Florida Rule of Civil Procedure 1.540, requesting that the original order be set aside and that a new order be entered, such that the right to seek review may be preserved. See Conklin v. Moore, 739 So. 2d 714 (Fla. 1st DCA 1999).
KAHN, BROWNING and LEWIS, JJ., concur.
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Citator
Cited By
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Corker v. State, 953 So. 2d 597 (Fla. 1st DCA 2007)…PER CURIAM. DISMISSED. See Fla. R.App. P. 9.100(c); Hall v. Fla. Dept of Corr., 778 So. 2d 465 (Fla. 1st DCA 2001). ALLEN, DAVIS, and BENTON, JJ., concur.…
Authorities Cited
- Taccara Shimere Allen v. Live OAK Ford Mercury, 647 So. 2d 1060 (Fla. 1st DCA 1994)
- Harris v. State, 739 So. 2d 714 (Fla. 1st DCA 1999)