GIVANNI TORRELL PARKS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Inmate Filing Rule cases and more on FLexlaw
We dismiss this appeal for lack of jurisdiction. Givanni Torrell Parks filed a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850, and his motion was denied on September 19, 2012. The denial order was served on Parks by mail on September 21, 2012. Parks had fifteen days under Rule 3.850(h), plus three days for mailing under Rule 3.070, or until October 9, 2012, to file a motion for rehearing. He filed his motion on October 10, 2012.1 The motion for rehearing was denied on January 7, 2013, and Parks filed his notice of appeal on January 25, 2013. Because his motion for rehearing was not timely filed, it did not delay rendition of the underlying order and this Court is without jurisdiction to consider this appeal. Fla. R.Crim. P. 3.850(h); see also Craft v. State, 23 So.3d 1255 (Fla. 3d DCA 2009); Reid v. Cooper, 955 So.2d 31, 32 (Fla. 3d DCA 2007)(recognizing that an untimely motion for rehearing is a nullity and does not toll the time in which to file an appeal).
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Watkins v. State, 217 So. 3d 1135 (Fla. 3d DCA 2017)…period for filing an order if no order is filed.” Id. “However, when the order is served by mail, Rule 3.070 provides that three days shall be added to this time period.” Whipple v. State, 867 So. 2d 433 (Fla. 1st DCA 2004); see also Parks v. State, 126 So. 3d 352 (Fla. 3d DCA 2013).4 Watkins filed his motion for rehearing on October 25, 2016. In support of the argument that his motion for rehearing was timely, Watkins points to the two stamp marks located on the trial court’s September 28, 2016, order attac…
-
Givanni Torrell Parks v. State (Fla. 3d DCA 2021)
Authorities Cited
- State v. Thurston McCLAIN, 591 So. 2d 614 (Fla. 1992)
- Haag v. State, 591 So. 2d 614 (Fla. 1992)
- McGREGOR v. Ocean Harbour OF Islamorado Condo. Ass'n, Inc., 955 So. 2d 31 (Fla. 3d DCA 2007)
- Cedrick Craft v. State, 23 So. 3d 1255 (Fla. 3d DCA 2009)
- Travelers Cas. & Sur. Co. OF Am. v. Dynalectric Co., 23 So. 3d 1255 (Fla. 3d DCA 2009)