STATE OF FLORIDA, APPELLANT,
v.
BOBBIETTE JONES, APPELLEE
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Florida's appeal of a dismissal order was dismissed for lack of jurisdiction because the state filed an unauthorized motion for rehearing that did not toll the 15-day appeal deadline under Florida Rule of Appellate Procedure 9.140(c)(2).
An unauthorized motion for rehearing does not postpone rendition of an appealable order, and therefore does not extend the 15-day deadline for filing a notice of appeal.
[1] An unauthorized motion for rehearing in the circuit court does not postpone rendition of an appealable order and does not extend the time for filing a notice of appeal.
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Join FLexlaw to unlock all legal intelligenceThe trial court dismissed an information against Bobbiette Jones on May 13, 1992. The State of Florida moved for rehearing on the same day, which was …
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PER CURIAM.
On May 13, 1992, an order dismissing an information against appellee Bobbiette Jones was entered by the trial court. On that same day, the State of Florida moved for rehearing of the order of dismissal. Rehearing was denied by order of July 28 and the state filed its notice of appeal on August 7. Appellee moves for dismissal of the appeal for lack of jurisdiction, contending that the notice of appeal was untimely.
Florida Rule of Appellate Procedure 9.140(c)(1)(A) authorizes the state to appeal an order dismissing an information or indictment. Such an appeal must be commenced, in accordance with Rule 9.140(c)(2), by filing of the notice of appeal within 15 days of rendition of the order to •be reviewed. Further, an authorized and timely motion for rehearing will postpone rendition of the appealable order, see Fla. R.App.P. 9.020(g). There is no authorization, however, for the state’s motion for rehearing filed in the circuit court in this case. State v. Williams, 362 So. 2d 699 (Fla. 2d DCA 1978); see also Griffis v. State, 593 So. 2d 308 (Fla. 1st DCA 1992). We therefore conclude that the unauthorized motion for rehearing did not postpone rendition of the order and the notice of appeal was untimely. That being so, the appeal must be and hereby is dismissed for lack of jurisdiction. State v. Williams.
APPEAL DISMISSED FOR LACK OF JURISDICTION.
JOANOS, C.J., and ZEHMER and BARFIELD, JJ., concur.
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