WILTON AMOS ROSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILTON AMOS ROSS, APPELLANT,
STATE OF FLORIDA, APPELLEE
856 So. 2d 1042
Florida District Court of Appeal, First District (2003)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of July 23, 2003, the Court has determined that the notice of appeal was not timely filed because the motion for rehearing was not filed within fifteen days of the date of service of the trial court’s order. Accordingly, the appeal is hereby dismissed.
DISMISSED.
BOOTH, VAN NORTWICK and LEWIS, JJ., concur.
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Wilton Amos Ross v. State, 882 So. 2d 440 (Fla. 1st DCA 2004)…postconviction relief. This court previously dismissed Ross’ appeal for lack of jurisdiction because his motion for rehear [*441] ing in the lower tribunal appeared to be untimely and therefore did not postpone rendition of the order. Ross v. State, 856 So. 2d 1042 (Fla. 1st DCA 2003). Ross filed a petition for writ of mandamus in the Supreme Court of Florida which argued that his motion for rehearing, given to prison officials for mailing eighteen days after entry of the trial court’s order, was timely. This…