Straughter v. State

District Court of Appeal of Florida

Straughter v. State

214 So. 3d 728

District Court of Appeal of Florida·Decided March 10, 2017·No. CASE NO. 1D16-4334·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

214 So. 3d 728 (Straughter v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related