LOUIS MILTON COBB, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court dismissed a petition for certiorari as untimely. The court found that the petition was filed after the deadline, and an attempted extension of time by stipulation was invalid.
No, the petition for certiorari was not timely filed. The stipulation to extend the time for filing was ineffective to extend the deadline beyond the period prescribed by the rules.
“In addition to the fact that the petition for certiorari was not filed here until December 10th, 1968, the motion to dismiss the petition for certiorari in this Court on the ground of untimeliness under F.A.R. 4.5c(6), 32 F.S.A., should be granted on authority of Wieczorek v. Williams, Florida 1954, 71 So. 2d 262; Salinger v. Salinger, Florida 1958, 100 So. 2d 393; Russom v. State, Florida 1959, 109 So. 2d 30; Harris v. Condermann, Fla.App.1959, 113 So. 2d 235.”
This quote establishes the basis for dismissal, citing the untimeliness of the petition and relevant case law.
The petitioner sought certiorari review of a decision from the Second District Court of Appeal, which had denied rehearing on September 9, 1968. The p…
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Rehearing in this cause was denied by the Second District Court of Appeal on September 9, 1968, 213 So.2d 492. Petition for certiorari was filed in this Court on December 10, 1968, following order of the circuit court purporting to extend time for certiorari on the basis of stipulation by petitioner’s counsel and the state’s attorney to December 9, 1968.
In addition to the fact that the petition for certiorari was not filed here until December 10th, 1968, the motion to dismiss the petition for certiorari in this Court on the ground of untimeliness under F.A.R. 4.5c(6), 32 F.S.A., should be granted on authority of Wieczorek v. Williams, Florida 1954, 71 So.2d 262; Salinger v. Salinger, Florida 1958, 100 So.2d 393; Russom v. State, Florida 1959, 109 So.2d 30; Harris v. Condermann, Fla.App.1959, 113 So.2d 235.
It is so ordered.
ERVIN, C. J., and ROBERTS, DREW, THORNAL and BOYD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rolf Peter Salinger v. Salinger, 100 So. 2d 393 (Fla. 1958)
- Cobb v. State, 213 So. 2d 492 (Fla. 2d DCA 1968)
- Harris v. Condermann, 113 So. 2d 235 (Fla. 3d DCA 1959)
- Wieczorek v. Williams, 71 So. 2d 262 (Fla. 1954)
- Russom v. State, 109 So. 2d 30 (Fla. 1959)