Florida District Courts of Appeal, 2006

Eady v. State

Florida District Courts of Appeal · Decided February 6, 2006 · No. 1D05-5637 · Allen, Benton, Nortwick

920 So. 2d 1158; 2006 Fla. App. LEXIS 1410; 2006 WL 264767 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

HIJUELOS v. State (Fla. Dist. Ct. App. 2011)

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.

Because the notice of appeal was not filed within 30 days of rendition of the order identified therein, we dismiss this appeal for lack of jurisdiction. We note that the order identified in the notice of appeal, which we surmise denied appel*1159lant’s motion to suppress, is not independently appealable by a defendant in a criminal proceeding. See Fla. R.App. P. 9.410(b). Such an order may be reviewed on plenary appeal from a final, appealable order, and to the extent such an order has been rendered in the proceedings below and, as appellant appears to claim, his trial counsel neglected to comply with his request to pursue a timely appeal, our dismissal of this proceeding is without prejudice to appellant’s right to seek a belated appeal by filing a petition complying with the provisions of Florida Rule of Appellate Procedure 9.141(c).

DISMISSED.

ALLEN, BENTON and VAN NORTWICK, JJ., concur.

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