DAVID KURZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID KURZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
303 So. 2d 431
Florida District Court of Appeal, Second District (1974)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
A careful examination of the record discloses that the judgment and sentence of which appellant seeks review was rendered by the court on February 4, 1974. The notice of appeal was filed by appellant, in proper person, on March 14, 1974, in the office of the clerk of the Circuit Court for Lee County, more than 30 days from the rendition of the judgment and sentence.
The appeal not being timely filed within the 30 days provided by law (Rule 6.2, F. A.R.) this court does not have jurisdiction and has, therefore, no alternative but to
Dismiss, sua sponte.
HOBSON, Acting C. J., and BOARD-MAN and GRIMES, JJ., concur.
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Sims v. State, 998 So. 2d 494 (Fla. 2008)…and the ‘failure to invoke the jurisdiction of any such court within the time prescribed by such rules shall divest such court of jurisdiction to review such cause.’ ”) (citation omitted) (quoting § 59.081(1)-(2), Fla. Stat. (1977)); Kurz v. State, 303 So. 2d 431 (Fla. 2d DCA 1974) (where the notice of appeal is filed outside the thirty-day jurisdictional time limit provided by law “[the] court does not have jurisdiction and has, therefore, no alternative but to [d]ismiss”); Hooks v. State, 250 So. 2d 322, 3…
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Guzman v. State, 364 So. 2d 523 (Fla. 2d DCA 1978)…of appeal in this case on March 3, 1978, more than thirty days past January 9, 1978, the date upon which the trial court filed its judgment and sentence. Accordingly we must dismiss this appeal as untimely. Fla.R. App.P. 9.140(b)(2); Kurz v. State, 303 So. 2d 431 (Fla. 2d DCA 1974). We note that following the filing of the judgment and sentence, appellant filed a motion for reconsideration of sentence. However, this fact does not change our decision because a motion for reconsideration of sentence is not on…
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Stephenson v. State, 640 So. 2d 117 (Fla. 2d DCA 1994)…istrict, 605 So. 2d 865, 866 (Fla.1992). It is also the established law that when an appellate court discovers from a careful examination of the record that an appeal is untimely, it has no alternative but to dismiss sua sponte. E.g., Kurz v. State, 303 So. 2d 431 (Fla. 2d DCA 1974). If it were up to us, based on this record, we would dispense with the cumbersome procedure we have fashioned, treat the notice of appeal as a petition for writ of habeas corpus, and grant Stephenson belated review of the merits…