ROY CHRISTOPHER, AS GUARDIAN OF CLARA E. PANHUYSEN, AN INCOMPETENT, PETITIONER,
v.
DR. C. S. OLIVER AND VENICE MAE OLIVER, RESPONDENTS
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The Florida District Court of Appeal dismissed a petition for a writ of certiorari because it was filed outside the 60-day time limit. The court found it lacked jurisdiction to review the lower court's order.
No, the appellate court does not have jurisdiction because the petition was filed outside the 60-day window prescribed by the Florida Appellate Rules.
“Since the petition was filed in this Court more than 60 days from and after the rendition of the order sought to be reviewed, we are without jurisdiction to entertain it.”
Establishes the basis for the court's lack of jurisdiction.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought review of a circuit court order that granted a motion to strike a paragraph from the petitioner's amended answer in a mortgage f…
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The petitioner seeks to have reviewed an order of the Circuit Court in and for Lake County, Florida, entered June 10, 1957 and filed June 13, 1957 wherein the Court granted a motion to strike a paragraph contained in the petitioner’s amended answer to a complaint seeking foreclosure of a mortgage.
Petitioner filed his petition for Writ of Certiorari in this Court on August 13, 1957.
Rule 4.5, subd. c(l) of The Florida Appellate Rules, 31 F.S.A., which became effective July 1, 1957 provides:
“Application for writ of certiorari shall be-by petition filed in the Court within 60 days from the rendition of the decision, order, judgment or decree sought to be reviewed.”
Since the petition was filed in this Court more than 60 days from and after the rendition of the order sought to be reviewed, we are without jurisdiction to entertain it. Consequently, we have determined that we will dismiss the petition for writ of cer-tiorari sua sponte.
Petition for writ of certiorari dismissed.
ALLEN, Acting Chief Judge, and THORNAL, CAMPBELL, Associate Judge, concur.
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