Florida District Courts of Appeal, 2000

Cheatham v. Decker

Florida District Courts of Appeal · Decided January 19, 2000 · Davis, Lawrence, Nortwick

752 So. 2d 657; 2000 Fla. App. LEXIS 349; 2000 WL 35860 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Cheatham v. Decker (Fla. Dist. Ct. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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.

LAWRENCE, DAVIS and VAN NORTWICK, JJ., CONCUR.

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