ALLEN LANARD MCGRIFF, PETITIONER,
v.
JULIE L. JONES, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT

Fla. 1st DCA | 2015-11-05
No. 1D15-4326
BENTON, RAY, and OSTERHAUS, JJ., concur.
178 So. 3d 540 Florida District Court of Appeal, First District (2015) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon consideration of petitioner’s response to the Court’s order of October 9, 2015, the Court has determined that its jurisdiction to review the , lower tribunal’s Order Denying Petition for Writ of Habeas Corpus was not timely invoked.

The order was filed with the lower tribunal on July 6, 2015. Petitioner’s motion for rehearing, filed pursuant to the mailbox rule on July 29, 2015, was untimely. Fla. R. Civ. P. 1.530(b). The motion therefore failed to delay rendition of the underlying Order Denying Petition for Writ of Habeas Corpus. Fla. R. App. P. 9.020(i). As a result, the order was rendered on July 6, 2015. In order to invoke the district court’s jurisdiction in a timely manner, a petition for writ of certiorari must be filed within 30 days of rendition of the order on review. Fla. R. App. P. 9.100(e)(1). Here, the petition for writ of certiorari was filed more than 30 days after rendition of the order to be reviewed, and therefore failed to invoke the Court’s jurisdiction in a timely manner. Accordingly, the petition is dismissed.

BENTON, RAY, and OSTERHAUS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Full citator, related cases, and AI research tools

Open in FLexlaw