Straughter v. State

District Court of Appeal of Florida

Straughter v. State

214 So. 3d 728

CourtDistrict Court of Appeal of Florida

DecidedMarch 10, 2017

DocketCASE NO. 1D16-4334

StatusPublished

This text of 214 So. 3d 728 (Straughter v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Straughter v. State, 214 So. 3d 728 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

We dismiss this appeal as untimely. The final order was rendered on August 5, 2016, making any notice of appeal due to be filed no later than September 6, 2016 (because the 30th day fell on Sunday, and Monday was Labor Day, a legal holiday). Appellant’s notice of appeal was not delivered to prison officials for mailing until September 8, 2016, which was late and therefore ineffective to invoke our jurisdiction. Griffin v. Sistuenck, 816 So.2d 600, 601 (Fla. 2002).

DISMISSED.

ROWE, KELSEY, and JAY, JJ., CONCUR.

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PER CURIAM.

We dismiss this appeal as untimely. The final order was rendered on August 5, 2016, making any notice of appeal due to be filed no later than September 6, 2016 (because the 30th day fell on Sunday, and Monday was Labor Day, a legal holiday). Appellant’s notice of appeal was not delivered to prison officials for mailing until September 8, 2016, which was late and therefore ineffective to invoke our jurisdiction. Griffin v. Sistuenck, 816 So.2d 600, 601 (Fla. 2002).

DISMISSED.

ROWE, KELSEY, and JAY, JJ., CONCUR.

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214 So. 3d 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/straughter-v-state-fladistctapp-2017.

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