BENNETT ANDRE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1980-12-03
No. 80-175
COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
390 So. 2d 813 Florida District Court of Appeal, Fifth District (1980) Positive Treatment
Cited by 5 cases
Topics
Timeliness Of Motion For New Trial Rendition Of Judgment Tolling Of Appeal Time Timeliness

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Opinion of the Court
COWART, Judge.

COWART, Judge.

On September 20, 1979, appellant suffered an adverse jury verdict and a written judgment and order imposing sentence was entered. The trial court extended the time for filing a motion for new trial “to the maximum period allowed by law.” Under Florida Rules of Criminal Procedure 3.590(a) this was fifteen days after the rendition of the verdict, or until October 5, 1979. The motion for new trial was filed October 8, 1979, and denied on December 17, 1979. Notice of appeal was filed on January 16, 1980.

Notice of appeal from a final judgment of conviction must be filed between rendition and thirty days following the entry of the written order imposing sentence. Fla. R.App.P. 9.140(b)(2). Rendition of a written order is delayed by an authorized and timely motion for new trial. Fla.R.App.P. 9.020(g).

Since appellant’s motion for new trial was not timely it did not serve to delay the rendition of the signed written final judgment imposing sentence and did not toll the running of the time for filing his notice of appeal which expired on October 20, 1979.

We have no jurisdiction. The appeal is

DISMISSED.

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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Cited By

  • Howard v. Farm Bureau Ins. Co., 467 So. 2d 442 (Fla. 5th DCA 1985)
    …action rather than within ten days after entry of a judgment in a non-jury action. Hence, the second motion for new trial was ineffective to defer rendition of the final judgment beyond the date it was filed (September 27, 1984). See Smith v. State, 390 So. 2d 813 (Fla. 5th DCA 1980). Accordingly, this appeal is untimely and is DISMISSED. DAUKSCH and FRANK D. UP-CHURCH, Jr., JJ., concur.…
  • Alexander v. Dugger, 841 F.2d 371 (11th Cir. 1988)
    …l, Fla.R.App.P. 9.140(b)(2), or 15 days to file a motion for rehearing with the trial court, Fla.R.Crim.P. 3.850, which would toll the period for filing an appeal until the motion for rehearing was decided, see Fla.R.App.P. 9.020(g); Smith v. State, 390 So. 2d 813 (Fla.Dist.Ct.App.1980). Alexander claims that on September 12,1985, within the 15 day period for filing motions for rehearings, he mailed to the clerk of the trial court a motion for rehearing on his 3.850 motion. For some unknown reason, this motio…
  • Griffin v. McNeil, 667 F. Supp. 2d 1340 (S.D. Fla. 2009)
    …th Cir.2007). If a petitioner files a motion for rehearing, the time for filing a notice of appeal is tolled until the motion for rehearing has been ruled on. Alexander v. Dugger, 841 F.2d 371, 373 (11th Cir.1988) (citing Smith v. State, 390 So.2d 813 (Fla. 5th DCA 1980)). On May 8, 2006, Griffin filed his motion for belated appeal of the May 13, 2005, order denying his third motion for post-conviction relief. At the time Griffin filed his belated appeal, the May 13, 2005, order had not yet b…

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