Legal Opinion

Luby v. State

District Court of Appeal of Florida

Decided August 17, 2001No. 5D01-1786Published

1Opinion of the CourtHarris, J.

Because appellant’s petition for certiora-ri was untimely filed, we are without jurisdiction and therefore dismiss the petition. This dismissal, however, is without prejudice to seek relief below based on the problems allegedly encountered in receiving a copy of the order. See Conklin v. Moore, 739 So.2d 714 (Fla. 1st DCA 1999).

PETITION FOR CERTIORARI DISMISSED.

SAWAYA and ORFINGER, R.B., JJ., concur.

2Cases cited1 opinion

  1. Conklin v. MooreDistrict Court of Appeal of Florida · 1999