WILLIAM D. WILLIAMS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-07-23
No. 19-0221
Casanueva, Sleet, Salario
2017 WL 3495350 Florida District Court of Appeal, First District (2019)
Also reported at: 2017 Fla. App. LEXIS 11695

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Synopsis

This case involves an appeal that was dismissed because the appellant's motion for rehearing was not timely filed, making the notice of appeal also untimely. The appellate court affirmed the dismissal.


Holding

No, the notice of appeal was not timely filed because the preceding motion for rehearing was not timely filed.


Headnotes

[1] An appeal is dismissed as untimely when the appellant fails to file a timely motion for rehearing in the trial court, as such motion is necessary to toll the deadline for…

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Key Quotes

“As Appellant’s motion for rehearing was not timely filed below, the instant appeal is dismissed as the notice of appeal was untimely.”

This quote directly states the reason for the dismissal of the appeal.

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Facts & Procedural History

The appellant, William D. Williams, filed a motion for rehearing in the lower court. This motion was not filed within the time prescribed by law. Cons…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA _____________________________

No. 1D19-0221 _____________________________

WILLIAM D. WILLIAMS,

Appellant,

v. STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County. Tatiana Salvador, Judge.

July 23, 2019 PER CURIAM.

As Appellant’s motion for rehearing was not timely filed below, the instant appeal is dismissed as the notice of appeal was untimely.

LEWIS, MAKAR, and BILBREY, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

2

William D. Williams, pro se, Appellant. Ashley Moody, Attorney General, and Virginia Chester Harris, Assistant Attorney General, Tallahassee, for Appellee.


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