Cheatham v. Decker
Cheatham v. Decker
752 So. 2d 657; 2000 Fla. App. LEXIS 349; 2000 WL 35860
(Southern Reporter, Second Series)
Cheatham v. Decker
Opinion of the Court
Dismissed. Appellant argues his notice of appeal was timely filed because he timely filed a motion for rehearing. Appellant’s motion for rehearing was untimely filed pursuant to Florida Rule of Appellate Procedure 9.330(a). The burden is on the appellant to demonstrate that he timely filed the motion for rehearing under the “mail box rule,” as set forth in Haag v. State, 591 So.2d 614 (Fla. 1992). Appellant has failed to sustain his burden. The instant appeal is therefore dismissed for lack of jurisdiction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.