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Cedrick JOHNSON, Appellant(s)/Petitioner(s), v. The STATE of Florida, Appellee(s)/Respondent(s),
The appeal is dismissed for lack of jurisdiction as untimely filed. See Ward v. State, 229 So. 3d 860 (Fla. 3d DCA 2017) (“The trial court's order was rendered on August 4, 2016. Ward's notice of appeal was placed in the Calhoun Correctional Institution's mailbox on September 16, 2016. The rules of appellate procedure, however, require the filing of a notice of appeal within 30 days from the rendition of the order to be reviewed. This requirement is jurisdictional, and the failure to file a timely notice compels us to dismiss the appeal.”); Ivey v. State, 199 So. 3d 378, 379 (Fla. 3d DCA 2016) (“Because the certificate of service on Ivey's notice of appeal demonstrates it was tendered to a corrections officer more than thirty days following rendition of the order, we dismiss the appeal as untimely filed.”).
SCALES, LUCK and LINDSEY, JJ., concur.
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Docket No: CASE NO.: 3D18-0122
Decided: July 03, 2018
Court: District Court of Appeal of Florida, Third District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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