Outlaw v. State

This court is without jurisdiction to consider this appeal due to the untimely filing of the notice of appeal. See Fla. R.App. P. 9.140; Fla. R.Crim. P. 3.850(h). Because counsel for Jarrish Outlaw filed the motion for rehearing more than fifteen days after service of the final order, it did not toll the time for filing the appeal, regardless of the fact that the postconviction court chose to address that untimely motion for rehearing. See Reid v. Cooper, 955 So.2d 31, 32 (Fla. 3d DCA 2007) (holding that an untimely motion for rehearing is a nullity and does not toll the time in which to file…