ZACHARY LINVILLE
v.
STATE OF FLORIDA
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A pro se inmate's notice of appeal is not timely filed when placed with the institution for mailing unless it affirmatively directs that the original notice be mailed to the clerk of the lower court.
[1] A pro se inmate's notice of appeal placed with the institution for mailing is not timely filed unless the inmate clearly directs in writing that the original notice be ma…
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Join FLexlaw to unlock all legal intelligence“filing of the notice of appeal does not occur when an inmate, as Petitioner did here, places in the hands of the institution a notice of appeal with a certificate of service that lists the State Attorney and/or the Attorney General, but which does not affirmatively direct mailing of the original notice of appeal to the clerk of the lower court.”
Court's explanation of why Linville's notice of appeal was not properly filed
Zachary Linville, a pro se inmate, filed a notice of appeal with a certificate of service listing the State Attorney and Attorney General but did not …
The full statement of facts, procedural history, and disposition for this case are member content.
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ZACHARY LINVILLE,
Petitioner,
v. Case No. 5D18-1975
STATE OF FLORIDA,
Respondent.
________________________________/
Opinion filed August 24, 2018
Petition for Belated Appeal, A Case of Original Jurisdiction.
Zachary Linville, Wewahitchka, pro se, Petitioner.
Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Respondent.
EDWARDS, J.
The petition for belated appeal is denied. The record before this Court shows that Petitioner, Zachary Linville, failed to comply with Florida Rule of Appellate Procedure 9.110(b). That rule requires the notice of appeal to be filed with the clerk of the court whose order or judgment is being appealed within thirty days of rendition. If a pro se inmate relies upon the institution in which the inmate is incarcerated to mail the inmate’s notice of appeal, the inmate must clearly state in writing that the original notice of appeal
2 is to be mailed to and filed with the clerk of the court whose order or judgment is being appealed, and should include the name and address of that clerk of the court on the certificate of service. Florida Rule of Appellate Procedure 9.420(a)(2) governs the procedure for a notice of appeal that is addressed to the clerk of the lower court and placed in the hands of the inmate’s institution for mailing. However, filing of the notice of appeal does not occur when an inmate, as Petitioner did here, places in the hands of the institution a notice of appeal with a certificate of service that lists the State Attorney and/or the Attorney General, but which does not affirmatively direct mailing of the original notice of appeal to the clerk of the lower court.1 In this case, the time for filing the original notice of appeal with the clerk of the lower court has expired; therefore, this Court has no jurisdiction to entertain Petitioner’s appeal, and there is no legal basis for granting Petitioner’s request for a belated appeal.
PETITION DENIED.
SAWAYA and TORPY, JJ., concur.