Davis v. State

22 So. 3d 827, 2009 Fla. App. LEXIS 17713, 2009 WL 4061335

Opinion

PER CURIAM.

Appellant appeals from the trial court’s July 21, 2009 order denying his second motion for rehearing. Appellant’s first motion for rehearing was denied and furnished to appellant on April 6, 2009. Because the appellant’s unauthorized, successive motion for rehearing did not suspend the rendition time for review of the order denying his motion for 3.850 relief, the present appeal, filed several months after the denial of the “first” motion for rehearing, is hereby dismissed as untimely. See Dominguez v. Barakat, 609 So.2d 664 (Fla. 3d DCA 1992).