DUGGANS
v.
STATE
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Appellant sought appellate review of a trial court's denial of a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.850. The appellate court dismissed the appeal for lack of jurisdiction because the notice of appeal was filed more than 30 days after the trial court's order was rendered.
The appellate court lacks jurisdiction and dismissed the appeal because the notice of appeal was filed more than 30 days after the order was rendered on September 28, 2018. The dismissal is without prejudice to permit filing a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).
[1] The deadline for filing a notice of appeal from an order denying a motion to correct an illegal sentence is 30 days from the date the signed, written order is filed with…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An order is rendered when a signed, written order is filed with the clerk of the lower tribunal.”
The court's explanation of when an order is deemed rendered for purposes of calculating the appellate filing deadline.
Appellant filed a notice of appeal on November 9, 2018, pursuant to the mailbox rule. The notice of appeal incorrectly stated the order was rendered o…
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MILLER, J.
Appellant seeks review of the trial court's denial of his “Motion to Correct an Illegal Sentence,” filed pursuant to Florida Rule of Criminal Procedure 3.850.
On November 9, 2018, in accordance with the mailbox rule, appellant filed his relevant notice of appeal.1 The notice of appeal incorrectly states the lower court rendered the order appealed on October 10, 2018. Applying Florida Rule of Appellate Procedure 9.020(h), 2 we determine the lower court rendered the order under appeal on September 28, 2018, as the trial court’s signed, written order denying the motion to correct illegal sentence was filed with the lower court clerk on that date. We reach this conclusion based on the lower court clerk’s filing stamp, dated September 28, 2018.
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);
see also Fla. R. Crim. P. 3.850(k). Thus, we dismiss this appeal for lack of 1 The mailbox rule provides a motion, petition, or notice of appeal is deemed “filed” when an inmate places it in the hands of prison officials. Haag v. State, 591 So. 2d 614, 617 (Fla. 1992). As articulated in Thompson v. State, 761 So. 2d 324, 326 (Fla. 2000), we presume timeliness, of the filing of a legal document submitted by an inmate, according to the date contained in the certificate of service, if any, showing that the pleading was placed in the hands of prison or jail officials for mailing on that date, provided said date is on or before the filing deadline. 2 Fla. R. App. P. 9.020(h) – Rendition (of an Order). An order is rendered when a signed, written order is filed with the clerk of the lower tribunal. See In re Amendments to the Fla. R. App P., 256 So. 3d 1218 (Fla. 2018) (adopting amendments to the Florida Rules of Appellate Procedure, relettering subdivision (i) of rule 9.020 to (h)); see also Guy v. Plaza Home Mortg., Inc., 260 So. 3d 280 (Fla. 4th DCA 2018).
jurisdiction, without prejudice for the filing of a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c). See, e.g., Watkins v. State, 217 So. 3d 1135 (Fla. 3d DCA 2017).
Dismissed.
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Citator
Authorities Cited
- State v. Thurston McCLAIN, 591 So. 2d 614 (Fla. 1992)
- Haag v. State, 591 So. 2d 614 (Fla. 1992)
- Thompson v. State, 761 So. 2d 324 (Fla. 2000)
- In re Amendments TO the Fla. Rules OF App. Procedure-2017 Regular-Cycle Report., 256 So. 3d 1218 (Fla. 2018)
- Watkins v. State, 217 So. 3d 1135 (Fla. 3d DCA 2017)
- Guy v. Plaza Home Mortg., Inc., 260 So. 3d 280 (Fla. 4th DCA 2018)