Pitzer v. Bretey

KELLY, Judge.

Bruce Pitzer filed his notice of appeal of an appellate decision of the circuit court within thirty days of the circuit court’s mandate but not within thirty days of the opinion for which he sought review. The circuit court’s opinion was filed on April 9, 2012. Mr. Pitzer did not file a motion for rehearing, and the mandate issued on May 9, 2012. Although Mr. Pitzer should have filed his notice of appeal by May 9, 2012, he did not do so until May 25, 2012. Upon receipt of the notice of appeal in this court, the clerk initiated a second-tier certiorari proceeding and directed Mr.…