WILLIAM MCNEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2009-10-21
No. 2D08-4604
CASANUEVA, C.J., and LaROSE, J., Concur.
19 So. 3d 448 Florida District Court of Appeal, Second District (2009) Positive Treatment
Cited by 1 case
Topics
Rendition Of Order Timeliness Of Appeal Motion For Rehearing Notice Of Appeal

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Opinion of the Court
WHATLEY, Judge.

WHATLEY, Judge.

We dismiss this appeal for lack of jurisdiction. McNeal filed an untimely motion for rehearing of the order denying in part and dismissing in part all of the grounds of his successive motion for postconviction relief. An untimely motion for rehearing does not suspend rendition. Fire & Cas. Ins. Co. of Conn. v. Sealey, 810 So.2d 988, 990-91 (Fla. 1st DCA 2002). McNeal’s notice of appeal filed two months after the order disposing of his motion for postcon-viction relief was rendered was untimely, and therefore, this court is without jurisdiction to entertain this appeal. See id. at 990 (“If the notice of appeal is not filed within the time set by the applicable rule, the appellate court must dismiss the appeal.”).

Appeal dismissed.

CASANUEVA, C.J., and LaROSE, J., Concur.

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  • Fisher v. The Hous. Auth. of the City of Key W. (Fla. 3d DCA 2025)
    …herefore, a motion for rehearing must be both timely and authorized in order to fall within the tolling provision of Rule 9.020(g).”). But if the motion is either not authorized or not timely filed, it does not toll rendition. See McNeal v. State, 19 So. 3d 448, 448 (Fla. 2d DCA 2009) (“An untimely motion for rehearing does not suspend rendition.”); Melton v. Schwinger, 678 So. 2d 470, 471 (Fla. 5th DCA 1996) (“In fact, the trial court lacks jurisdiction to rule on an untimely motion for new trial.”); Potu…

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