MAXEY v. STATE (2021)

District Court of Appeal of Florida, First District.

Carin Elaine MAXEY, Petitioner, v. STATE of Florida, Respondent.

No. 1D21-276

Decided: August 02, 2021

Jack C. Morgan III of Aloia Roland Lubell & Morgan, PLLC, of Fort Myers; John B. Gallagher of John B. Gallagher, P.A., Fort Lauderdale, for Petitioner. Ashley Moody, Attorney General, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Respondent.

In her “Petition for Writs of Prohibition and Certiorari,” Petitioner challenges the trial court's denial of her motions to dismiss the grand theft charge filed against her in Duval County and to enforce her Miami-Dade County plea agreement. We dismiss that portion of the petition seeking certiorari relief for lack of jurisdiction. See Johnson v. Snyder, 296 So. 3d 547, 549 (Fla. 1st DCA 2020) (dismissing the certiorari petition for lack of jurisdiction because the petition, which was filed more than thirty days after rendition of the order being challenged, was untimely under Florida Rule of Appellate Procedure 9.100(c)(1) and noting that a motion for reconsideration of a non-final order is not an authorized motion that would toll the time for filing a certiorari petition). That portion of the petition seeking prohibition relief is denied on the merits.

Dismissed in part and Denied in part.

Per Curiam.

Lewis, Osterhaus, and Kelsey, JJ., concur.

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