MORRIS v. INCH (2021)

District Court of Appeal of Florida, First District.

James Allen MORRIS, Petitioner, v. Mark S. INCH, Secretary, Florida Department of Corrections, Respondent.

No. 1D20-2249

Decided: March 31, 2021

David M. Lamos, Fort Pierce, for Petitioner. Lance Eric Neff, General Counsel, Department of Corrections, Tallahassee, for Respondent.

By petition for writ of mandamus, James Allen Morris seeks review of the trial court's order dismissing his habeas petition. In accordance with Florida Rule of Appellate Procedure 9.040(c), the court treats Morris' petition as seeking plenary appellate review of the trial court's order. See Fla. R. App. P. 9.040(c) (“If a party seeks an improper remedy, the cause shall be treated as if the proper remedy had been sought; provided that it shall not be the responsibility of the court to seek the proper remedy.”).

The trial court rendered its order denying Morris' motion for rehearing on June 29, 2020. Morris filed his petition on July 31, 2020. Because Morris did not timely invoke this court's jurisdiction, we dismiss the petition as untimely. See Fla. R. App. R. 9.110(b) (requiring notice of appeal to be filed within thirty days of rendition of order to be reviewed in order to invoke appellate court's jurisdiction); Fla. R. App. P. 9.141(b)(1) (providing that appeal proceedings of orders on postconviction motions shall be as in civil cases).

Per Curiam.

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

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