LEDENT
v.
STATE OF FLORIDA
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The First District Court of Appeal dismissed Demarcus Ledent's appeal for lack of jurisdiction because his notice of appeal was untimely filed. The court held that an untimely motion for rehearing does not toll the time for filing an appeal.
An untimely motion for rehearing does not toll the time for filing a notice of appeal. Consequently, an appeal filed after an untimely motion for rehearing is itself untimely and must be dismissed for lack of jurisdiction.
[1] An untimely motion for rehearing does not toll the appellate deadline for filing a notice of appeal under Florida Rules of Appellate Procedure.
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Join FLexlaw to unlock all legal intelligence“An untimely motion for rehearing does not toll rendition of the underlying order.”
Establishes the core holding that untimely motions for rehearing do not extend appeal deadlines
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Join FLexlaw to unlock all legal intelligenceLedent filed an appeal in the Circuit Court for Escambia County before Judge John F. Simon. Ledent subsequently filed a motion for rehearing, but this…
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March 12, 2025 PER CURIAM.
An untimely motion for rehearing does not toll rendition of the underlying order. See Floyd v. State, 893 So. 2d 588, 589 (Fla. 1st DCA 2004) (“Because neither the letter nor the subsequently filed motion for rehearing was timely, the time for filing the notice of appeal was not tolled.”). We dismiss the untimely appeal for lack of jurisdiction. BILBREY, M.K. THOMAS, and LONG, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Demarcus R. Ledent, pro se, Appellant. James Uthmeier, Attorney General, Tallahassee, for Appellee.