KELLY v. STATE (2021)

District Court of Appeal of Florida, First District.

Isiah D. KELLY, Appellant, v. STATE of Florida, Appellee.

No. 1D20-3106

Decided: March 19, 2021

Isiah D. Kelly, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

Isiah D. Kelly appeals a non-final order of the trial court transferring his habeas petition to the sentencing court in Miami-Dade County. The trial court rendered that order on September 15, 2020, and Kelly filed his appeal on October 16, 2020. His motion for reconsideration, filed with the trial court, was not an authorized motion and did not toll rendition of the transfer order. See Fla. R. App. P. 9.020(h); Wagner v. Bieley, Wagner & Assocs., Inc., 263 So. 2d 1, 4 (Fla. 1972) (holding that a motion for rehearing directed to an interlocutory order does not toll the time for filing an appeal from that order). Kelly's appeal is untimely. See Fla. R. App. P. 9.130(b) (requiring that a notice of appeal regarding a non-final order must be filed within thirty days of rendition of the order on review). We note Kelly's response to our show-cause order, but we must dismiss.

Dismissed.

Per Curiam.

Roberts, Rowe, and Tanenbaum, JJ., concur.

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