Florida District Courts of Appeal, 2007

Kellom v. State

Kellom v. State
Florida District Courts of Appeal · Decided August 10, 2007 · Padovano, Roberts, Webster
964 So. 2d 743; 2007 Fla. App. LEXIS 12357; 2007 WL 2274624 (Southern Reporter, Second Series)

Kellom v. State

Opinion of the Court

PER CURIAM.

As the lower tribunal did not rule on appellant’s motion for extension of time to file his motion for rehearing pursuant to Florida Rule of Criminal Procedure 3.050, appellant’s motion for rehearing was not timely filed. Therefore, rendition of the *744order denying appellant’s postconviction relief motion was not postponed pursuant to Florida Rule of Appellate Procedure 9.020(H)(1), and appellant’s notice of appeal was not timely filed. Accordingly, we dismiss this appeal for lack of jurisdiction.

WEBSTER, PADOVANO, and ROBERTS, JJ., concur.

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