Mincey v. State, 789 So. 2d 492

PER CURIAM.

This appeal is dismissed for lack of jurisdiction. There is no authority for filing a motion for rehearing of an order disposing of a motion filed pursuant to Florida Rule of Criminal Procedure 3.800. Griffis v. State, 593 So.2d 308 (Fla. 1st DCA 1992). The motion for rehearing filed below did not toll the time for filing a notice of appeal. Because the notice of appeal was filed on March 14, 2001, it was untimely to seek review of the January 29, 2001, order. Fla. R.App. P. 9.110(b). Accordingly, this court lacks jurisdiction to consider this appeal.

DISMISSED.

BARFIELD, DAVIS and LEWIS, JJ., concur.

Case Details

Case Name: Mincey v. State

Court Name: District Court of Appeal of Florida

Date Published: Jul 10, 2001

Citations: 789 So. 2d 492; 2001 WL 766257; 1D01-1963

Docket Number: 1D01-1963

Court Abbreviation: Fla. Dist. Ct. App.