Ruggirello v. State, 566 So. 2d 30

Lead Opinion

PER CURIAM.

AFFIRMED.

DELL and POLEN, JJ., concur. ANSTEAD, J., dissents with opinion.

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Dissenting Opinion

ANSTEAD, Judge,

dissenting.

The trial court denied appellant’s petition because it was untimely filed. The appellant’s pleadings were placed in the hands of state prison authorities well in advance of the required filing date but were not date-stamped into the clerk’s office until after the filing deadline. I would follow the rule of the federal courts and allow the date of delivery to prison officials to control. See Fallen v. United States, 378 U.S. 139, 84 S.Ct. 1689, 12 L.Ed.2d 760 (1964); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).

Case Details

Case Name: Ruggirello v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 15, 1990

Citations: 566 So. 2d 30; 1990 WL 116377; 1990 Fla. App. LEXIS 6122; No. 90-0171

Docket Number: No. 90-0171

Court Abbreviation: Fla. Dist. Ct. App.