JOHNNIE SYLVESTER SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2007-03-13
No. 1D06-6613
HAWKES, THOMAS, and ROBERTS, JJ., concur.
951 So. 2d 965 Florida District Court of Appeal, First District (2007) Positive Treatment
Cited by 14 cases


Opinion of the Court
PER CURIAM.

[*966] PER CURIAM.

Having considered the appellant’s response to this Court’s order of January 25, 2007, we dismiss this appeal for lack of jurisdiction. The notice of appeal filed on December 20, 2006, appealing the Order on the appellant’s postconviction motion, rendered on November 7, 2006, 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. R.App. P. 9.110(b). This appeal is hereby dismissed, but in light of appellant’s claims that he did not timely receive a copy of the order denying his motion, we do so without prejudice to appellant’s right to file a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). DISMISSED.

HAWKES, THOMAS, and ROBERTS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Thaden v. State, 7 So. 3d 1157 (Fla. 1st DCA 2009)
    …PER CURIAM. DISMISSED. See Smith v. State, 951 So. 2d 965 (Fla. 1st DCA 2007). BARFIELD, KAHN, and WEBSTER, JJ., concur.…
  • Lake v. State, 993 So. 2d 545 (Fla. 1st DCA 2008)
    …PER CURIAM. DISMISSED. Smith v. State, 951 So. 2d 965 (Fla. 1st DCA 2007). BENTON, VAN NORTWICK, and HAWKES, JJ., concur.…
  • Gordon v. State, 9 So. 3d 762 (Fla. 1st DCA 2009)
    …PER CURIAM. DISMISSED. See Sweet v. State, 987 So. 2d 747 (Fla. 2d DCA 2008); Smith v. State, 951 So. 2d 965 (Fla. 1st DCA 2007). KAHN, THOMAS, and ROBERTS, JJ., concur.…

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