Florida District Courts of Appeal, 2007

Chubb v. State

Chubb v. State
Florida District Courts of Appeal · Decided January 31, 2007 · Barfield, Nortwick, Thomas
951 So. 2d 901; 2007 Fla. App. LEXIS 1060; 32 Fla. L. Weekly Fed. D 339 (Southern Reporter, Second Series)

Chubb v. State

Opinion of the Court

PER CURIAM.

The appellant filed a notice of appeal pursuant to the “mailbox” rule on October 16, 2006, seeking review of an “Order Dismissing Petition for Habeas Corpus,” filed in the lower tribunal on June 8, 2006. However, because the appellant’s motion for clarification, which the trial court treated as a second motion for rehearing, was not an authorized motion, see Arleo v. Garcia, 695 So.2d 862 (Fla. 4th DCA 1997), it did not delay rendition of the order of dismissal. See Fla. R.App. P. 9.020(h). Consequently, the notice of appeal was not filed within 30 days of rendition of the order on appeal. For this reason, we dis*902miss this appeal for lack of jurisdiction without prejudice to the appellant’s right to seek relief in the trial court. See Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998).

BARFIELD, VAN NORTWICK, and THOMAS, JJ., concur.

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