LARRY LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court dismissed the appeal for lack of jurisdiction because the notice of appeal was untimely filed more than thirty days after the October 22, 2004 order denying relief from judgment, and a subsequent motion for refund of filing fees was unauthorized and could not delay rendition of that order.
An appeal is dismissed for lack of jurisdiction when the notice of appeal is untimely filed and an intervening motion for refund of filing fees is unauthorized and cannot delay rendition of the underlying order.
[1] An unauthorized and untimely motion for refund of filing fees cannot delay rendition of an underlying order denying relief from judgment, rendering a subsequently filed n…
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Join FLexlaw to unlock all legal intelligenceAppellant Lewis sought a refund of filing fees and filed a motion for relief from judgment in the lower tribunal, which was denied on October 22, 2004…
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PER CURIAM.
Upon consideration of the appellant’s response to the Court’s order of December 1, 2005, the Court has determined that the October 3, 2005, Order Denying Reimbursement of Filing Fees, is, in effect, an order denying rehearing of the court’s October 22, 2004, Order Denying Motion for Refund of Filing Fees, which is not an appealable order. See Fla. R.App. P. 9.130(a)(4).
It is clear from the record that the lower tribunal treated the appellant’s initial motion for refund of the filing fee as a motion for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540. Thus, the October, 2004, order denying that motion would have been appealable to this Court pursuant to Florida Rule of Appellate Procedure 9.130(a)(5). However, to the extent that the appellant is seeking review of that earlier order, the appeal is untimely. Because the appellant’s Motion for Refund of Filing Fee, filed in the lower tribunal on June 16, 2005, was unauthorized, see Frantz v. Moore, 772 So. 2d 581 (Fla. 1st DCA 2000), and untimely, see Florida Rule of Civil Procedure 1.530(b), the motion failed to delay rendition of the underlying order denying relief from judgment. See Fla. R.App. P. 9.020(h). Consequently, the notice of appeal is untimely with regard to the October 22, 2004, order. Accordingly, the appeal is hereby dismissed for lack of jurisdiction.
BARFIELD, WEBSTER, and BENTON, JJ., concur.
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Adlington v. Fla. Dep't OF Corr., 954 So. 2d 43 (Fla. 1st DCA 2007)…PER CURIAM. Upon consideration of appellant’s response to our order of November 8, 2006, we have determined that the Order Striking Motion for Rehearing is not an appeal-able order. Fla. R.App. P. 9.130(a)(4); Lewis v. State, 928 So. 2d 384 (Fla. 1st DCA 2006). Accordingly, the appeal is dismissed for lack of jurisdiction. BROWNING, C.J., WEBSTER, and PADOVANO, JJ., concur.…
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Williams v. McNEIL, 983 So. 2d 660 (Fla. 1st DCA 2008)…, the motion was stricken as an unauthorized motion over which the court had no jurisdiction. This Court lacks jurisdiction because the Motion for Reimbursement was essentially a motion for rehearing of the 2005 order denying relief. Lewis v. State, 928 So. 2d 384 (Fla. 1st DCA 2006). Further, an order striking a motion for rehearing is not appealable. Adlington v. Florida Dep’t of Corrections, 954 So. 2d 42 (Fla. 1st DCA 2007). However, because the appellant’s initial petition for writ of mandamus challenged…
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Adlington v. Fla. Dep't OF Corr., 954 So. 2d 42 (Fla. 1st DCA 2007)…PER CURIAM. Upon consideration of appellant’s response to our order of December 18, 2006, we have determined that the Order Striking Motion for Rehearing is not an appeal-able order. Fla. R.App. P. 9.130(a)(4); Lewis v. State, 928 So. 2d 384 (Fla. 1st [*43] DCA 2006). Accordingly, the appeal is dismissed for lack of jurisdiction. BROWNING, C.J., WEBSTER, and PADOVANO, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Frantz v. Moore, 772 So. 2d 581 (Fla. 1st DCA 2000)
- Thomas v. State, 772 So. 2d 581 (Fla. 1st DCA 2000)