GEORGE LESLIE RAY, III, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The petition for belated appeal is denied on the merits. In order to be timely, a pleading invoking the court’s jurisdiction must be filed within the required time and merely mailing the notice within the required time period is not sufficient. Raysor v. Raysor, 706 So.2d 400 (Fla. 1st DCA 1998); Coca Cola Foods v. Cordero, 589 So.2d 961 (Fla. 1st DCA 1991). Petitioner is not entitled to rely on the “mailbox rule” because there is no showing that petitioner was an inmate at the time the notice of appeal was served. See Fla. R.App. P. 9.420(a)(2) (providing that a “document filed by a pro se inmate confined in an institution is timely filed if the inmate places the document in the hands of an institution official for mailing on or before the last day for filing”); Haag v. State, 591 So.2d 614 (Fla.1992).
PETITION DENIED.
VAN NORTWICK, THOMAS, and SWANSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 268 So. 3d 958 (Fla. 1st DCA 2019)
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Donaldson v. State, 136 So. 3d 1281 (Fla. 2d DCA 2014)…the prisoner is deemed filed at the moment the inmate loses control over the document by entrusting its further delivery or processing to agents of the state, usually prison officials. See Haag v. State, 591 So. 2d 614, 617 (Fla.1992); Ray v. State, 89 So. 3d 304, 304 (Fla. 1st DCA 2012); Raysor v. Raysor, 706 So. 2d 400, 401 (Fla. 1st DCA 1998). And in no case is the deadline for filing a notice of appeal extended for five days even though the order to be appealed was mailed to the recipient. Since 2012, Fl…
Authorities Cited
- State v. Thurston McCLAIN, 591 So. 2d 614 (Fla. 1992)
- Haag v. State, 591 So. 2d 614 (Fla. 1992)
- Raysor v. Raysor, 706 So. 2d 400 (Fla. 1st DCA 1998)
- Coca Cola Foods & GAB v. Olivo Cordero, 589 So. 2d 961 (Fla. 1st DCA 1991)