DARBOUZE v. STATE (2018)

District Court of Appeal of Florida, Third District.

Pierre Michel DARBOUZE, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),

CASE NO.: 3D17–2522

Decided: March 06, 2018

We dismiss this appeal for lack of jurisdiction. The notice of appeal filed on November 13, 2017, appealing the order on the appellant's postconviction motion, rendered on August 31, 2017, is untimely. Because the notice of appeal was filed more than 30 days after rendition of the order, this Court is without appellate jurisdiction. See Fla. R. App. P. 9.110(b). This appeal is hereby dismissed, but in light of the fact that the postconviction order was not served by the clerk of court until October 25, 2017, we do so without prejudice to appellant's right to file a petition for belated appeal pursuant to Florida Rule of Appellate Procedure 9.141(c).

EMAS, FERNANDEZ and LUCK, JJ., concur.

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