Ruggirello v. State

Florida District Courts of Appeal
Ruggirello v. State, 566 So. 2d 30 (1990)
1990 Fla. App. LEXIS 6122; 1990 WL 116377
Anstead, Dell, Polen

Ruggirello v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

DELL and POLEN, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

The trial court denied appellant’s petition because it was untimely filed. The appellant’s pleadings were placed in the hands of state prison authorities well in advance of the required filing date but were not date-stamped into the clerk’s office until after the filing deadline. I would follow the rule of the federal courts and allow the date of delivery to prison officials to control. See Fallen v. United States, 378 U.S. 139, 84 S.Ct. 1689, 12 L.Ed.2d 760 (1964); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).

Reference

Full Case Name
Peter Louis RUGGIRELLO v. STATE of Florida
Cited By
4 cases
Status
Published