LANCE SHEFFIELD
v.
FLORIDA DEPARTMENT OF CORRECTIONS

Fla. 1st DCA | 2023-05-03
No. 2022-3435
369 So. 3d 724 Florida District Court of Appeal, First District (2023) Positive Treatment
Cited by 1 case


Per_curiam
Per Curiam

PER CURIAM.

On January 4, 2022, the trial court rendered an order dismissing the petitioner’s mandamus complaint challenging prison disciplinary action because the complaint did not allege a protected liberty interest. On October 26, 2022, the petitioner filed a request for this court to conduct certiorari review of the dismissal order. Because the order on review was not rendered by the trial court in a review capacity, the court recharacterizes the petition as an appeal of a final order. See Fla. R. App. P. 9.040(c). Nevertheless, the appeal is untimely. See Fla. R. App. P. 9.110(b) (requiring that an appeal be filed within thirty days of rendition of the order to be reviewed).

DISMISSED as untimely.

M.K. THOMAS, NORDBY, and TANENBAUM, JJ., concur. _____________________________


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