Woehrle v. Florida Department of Corrections

District Court of Appeal of Florida

Woehrle v. Florida Department of Corrections

91 So. 3d 184, 2012 WL 2019091, 2012 Fla. App. LEXIS 9078

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 2012

DocketNo. 1D12-0068

StatusPublished

This text of 91 So. 3d 184 (Woehrle v. Florida Department of Corrections) 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.

Bluebook

Woehrle v. Florida Department of Corrections, 91 So. 3d 184, 2012 WL 2019091, 2012 Fla. App. LEXIS 9078 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of April 2, 2012, the Court has determined that the appeal is untimely. Although the lower tribunal treated the appellant’s motion for rehearing as timely filed, it was without authority to do so. Fla. R. Civ. P. 1.090(b). Consequently, the appellant’s untimely motion for rehearing failed to delay rendition of the underlying order pursuant to Florida Rule of Appellate Procedure 9.020(h). As a result, the notice of appeal, which was filed more than 30 days after rendition of the final order, failed to timely invoke the Court’s jurisdiction. Accordingly, the appeal is dismissed for lack of jurisdiction.

ROBERTS, WETHERELL, and ROWE, JJ., concur.

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

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of April 2, 2012, the Court has determined that the appeal is untimely. Although the lower tribunal treated the appellant’s motion for rehearing as timely filed, it was without authority to do so. Fla. R. Civ. P. 1.090(b). Consequently, the appellant’s untimely motion for rehearing failed to delay rendition of the underlying order pursuant to Florida Rule of Appellate Procedure 9.020(h). As a result, the notice of appeal, which was filed more than 30 days after rendition of the final order, failed to timely invoke the Court’s jurisdiction. Accordingly, the appeal is dismissed for lack of jurisdiction.

ROBERTS, WETHERELL, and ROWE, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

91 So. 3d 184, 2012 WL 2019091, 2012 Fla. App. LEXIS 9078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woehrle-v-florida-department-of-corrections-fladistctapp-2012.