Florida District Courts of Appeal, 1990

Ruggirello v. State

Ruggirello v. State
Florida District Courts of Appeal · Decided August 15, 1990 · Anstead, Dell, Polen
566 So. 2d 30; 1990 Fla. App. LEXIS 6122; 1990 WL 116377 (Southern Reporter, Second Series)

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).

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