Johnson v. State

Shane Johnson has filed a notice of appeal directed to the trial court’s dismissal of his Petition for Writ of Habeas Corpus. We dismiss the appeal as the notice was filed more than thirty days after the trial court filed the final order with the clerk and Johnson’s untimely motion for rehearing did not suspend rendition of that final order.

Habeas corpus is a civil remedy and, as such, governed by the Florida Rules of Civil Procedure. See Fla. R. Civ. P. 1.630 (rule governing extraordinary remedies, including writs of habeas corpus); Brigham v. State, 769 So.2d 1100, 1101 (Fla. 1st DCA 2000)…