IVORY MILES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2012-04-27
No. 1D11-6854
PADOVANO, ROWE, and MARSTILLER, JJ., concur.
89 So. 3d 967 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court did not abuse its discretion by denying Appellant’s motion for extension of time to file a motion for rehearing and denying the motion for rehearing as untimely. Because the motion for rehearing was untimely, it did not toll the rendition of the final order for purposes of seeking this appeal. Fla. RApp. P. 9.020(h). This appeal is thus untimely and is DISMISSED. Gary v. State, 5 So.3d 713 (Fla. 1st DCA 2009).

PADOVANO, ROWE, and MARSTILLER, JJ., concur.


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  • Wilkins v. State, 257 So. 3d 1163 (Fla. 1st DCA 2018)
    …ONE WILKINS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Escambia County. John L. Miller, Judge. October 31, 2018 PER CURIAM. DISMISSED. See Miles v. State, 89 So. 3d 967 (Fla. 1st DCA 2012) (dismissing appeal as untimely because trial court did not abuse its discretion by denying defendant's motion for extension of time to file a motion for rehearing). ROBERTS, WETHERELL, and OSTERHAUS, JJ., concur. _________…

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