JAMES BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES BUTLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
920 So. 2d 66
Florida District Court of Appeal, First District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Having considered the appellant’s response to this Court’s order, dated November 2, 2005, we dismiss this appeal for lack of jurisdiction. The notice of appeal filed on August 8, 2005, appealing the order on the appellant’s postconviction motion signed on June 15, 2005, is untimely. Because the notice of appeal was filed more than 30 days after rendition of the order, this Court is without appellate jurisdiction. See Fla. RApp. P. 9.110(b); Harrelson v. State, 903 So. 2d 267 (Fla. 1st DCA 2005)(citing Proctor v. State, 845 So. 2d 1007 (Fla. 5th DCA 2003)). This dismissal is without prejudice to appellant’s right to file a petition for belated appeal. Harrelson, 903 So. 2d at 267.
DISMISSED.
BARFIELD, DAVIS and WOLF, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Joseph v. State, 157 So. 3d 546 (Fla. 1st DCA 2015)…not have jurisdiction to review the challenged order and this appeal must be dismissed. However, this disposition is without prejudice to Appellant’s right to seek a belated appeal in accordance with rules 3.850(Z) and 9.141(c). See Butler v. State, 920 So. 2d 66, 67 (Fla. 1st DCA 2005) (dismissing untimely appeal “without prejudice to appellant’s right to file a petition for belated appeal”). DISMISSED. BENTON, WETHERELL, and SWANSON, JJ., concur.…
Authorities Cited
- Proctor v. State, 845 So. 2d 1007 (Fla. 5th DCA 2003)
- Warren v. State, 903 So. 2d 267 (Fla. 1st DCA 2005)