Florida District Courts of Appeal, 2001

Luby v. State

Luby v. State
Florida District Courts of Appeal · Decided August 17, 2001 · Harris, Orfinger, Sawaya
791 So. 2d 1236; 2001 Fla. App. LEXIS 11493; 2001 WL 929886 (Southern Reporter, Second Series)

Luby v. State

Opinion of the Court

HARRIS, J.

Because appellant’s petition for certiora-ri was untimely filed, we are without jurisdiction and therefore dismiss the petition. This dismissal, however, is without prejudice to seek relief below based on the problems allegedly encountered in receiving a copy of the order. See Conklin v. Moore, 739 So.2d 714 (Fla. 1st DCA 1999).

PETITION FOR CERTIORARI DISMISSED.

SAWAYA and ORFINGER, R.B., JJ., concur.

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