COLEMAN v. STATE (2018)

In response to our order to show cause dated October 25, 2018, petitioner acknowledges that the order under review was rendered on May 4, 2018, but he contends that his petition for a writ of second-tier certiorari, filed on June 11, 2018, is timely due to Florida Rule of Judicial Administration 2.514(b). However, rule 2.514 provides that an “automatic five-day extension [of time] applies only when some act is required to be done after service of a document by mail, not when the act is required to be done after rendition or filing of an order, even if the rendered order is mailed to the parties.” Donaldson v. State, 136 So. 3d 1281, 1282 (Fla. 2d DCA 2014); see also Matheny v. Indian River Fire Rescue, 174 So. 3d 1129, 1130 (Fla. 1 st DCA 2015) (explaining that rule 2.514(b) only applies when another rule, court order, or statute requires a party to act within a specified time after service and further explaining that because Florida Rule of Appellate Procedure 9.100(c) requires that a petition for writ of certiorari be filed within thirty days after rendition of the order under review—which is not the same thing as service—the extra five days afforded by rule 2.514(b) do not apply). Petitioner's petition was required to be filed no later than June 4, 2018. See Rule 2.514(a)(1)(A) & (C). Because petitioner failed to meet the jurisdictional deadline imposed by rule 9.100(c), we lack jurisdiction. And because this is a certiorari proceeding challenging a final order of the circuit court sitting in its appellate capacity, we do not have the power “to extend the time to file such an original proceeding.” Russell v. State, 114 So. 3d 483, 484-85 (Fla. 2d DCA 2013). Having been untimely filed, the petition for writ of certiorari is dismissed.

BY ORDER OF THE COURT:

SILBERMAN, MORRIS, and BADALAMENTI, JJ., Concur.