LANCE SHEFFIELD v. FLORIDA DEPARTMENT OF CORRECTIONS (2023)

District Court of Appeal of Florida, First District.

LANCE SHEFFIELD, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.

No. 1D22-3435

Decided: May 03, 2023

Lance Sheffield, pro se, Appellant. Ashley Moody, Attorney General, and Kelly R. Forren, Assistant Attorney General, Tallahassee, for Appellee.

On January 4, 2022, the trial court rendered an order dismissing the petitioner's mandamus complaint challenging prison disciplinary action because the complaint did not allege a protected liberty interest. On October 26, 2022, the petitioner filed a request for this court to conduct certiorari review of the dismissal order. Because the order on review was not rendered by the trial court in a review capacity, the court recharacterizes the petition as an appeal of a final order. See Fla. R. App. P. 9.040(c). Nevertheless, the appeal is untimely. See Fla. R. App. P. 9.110(b) (requiring that an appeal be filed within thirty days of rendition of the order to be reviewed).

DISMISSED as untimely.

PER CURIAM.

M.K. THOMAS, NORDBY, and TANENBAUM, JJ., concur.

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