Aysisayh v. State

District Court of Appeal of Florida

Aysisayh v. State

941 So. 2d 467, 2006 Fla. App. LEXIS 18218, 2006 WL 3068468

District Court of Appeal of Florida·Decided October 31, 2006·No. No. 1D06-2484·Published

Opinion

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of August 3, 2006, the court has determined that because the appellant’s motion for rehearing of the order denying relief from judgment was not authorized, Frantz v. Moore, 772 So.2d 581 (Fla. 1st DCA 2000), it failed to delay rendition- of the underlying order. Fla. R.App. P. 9.020(h). Consequently, the appellant’s notice of appeal was not timely filed and the appeal is hereby dismissed as untimely.

WEBSTER, VAN NORTWICK, and PADOVANO, JJ., concur.

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PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of August 3, 2006, the court has determined that because the appellant’s motion for rehearing of the order denying relief from judgment was not authorized, Frantz v. Moore, 772 So.2d 581 (Fla. 1st DCA 2000), it failed to delay rendition- of the underlying order. Fla. R.App. P. 9.020(h). Consequently, the appellant’s notice of appeal was not timely filed and the appeal is hereby dismissed as untimely.

WEBSTER, VAN NORTWICK, and PADOVANO, JJ., concur.

Aysisayh v. State, 941 So. 2d 467, 2006 Fla. App. LEXIS 18218, 2006 WL 3068468 (Fla. Ct. App. 2006).

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