Florida District Courts of Appeal, 2004

Cummings v. State

Cummings v. State
Florida District Courts of Appeal · Decided August 31, 2004 · Ervin, Lewis, Wolf
882 So. 2d 439; 2004 Fla. App. LEXIS 12844; 2004 WL 2072970 (Southern Reporter, Second Series)

Cummings v. State

Opinion of the Court

PER CURIAM.

Because the notice of appeal was not timely filed, this appeal is dismissed for lack of jurisdiction. See Griffis v. State, 593 So.2d 308 (Fla. 1st DCA 1992)(holding that there is no authority for a motion for rehearing of an order disposing of a rule 3.800 motion to correct illegal sentence and, therefore, the motion for rehearing did not postpone rendition of the order so as to make the notice of appeal timely).

WOLF, C.J., ERVIN and LEWIS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.