Legal Opinion

MacPherson v. State

District Court of Appeal of Florida

Decided April 25, 2003No. 5D03-697PublishedCited by 1 opinion

1Opinion of the Court

SHARP, W„ J.

Jeffrey A. MacPherson appeals from the trial court’s order which summarily denied his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking post-conviction relief. With reluctance, we dismiss his appeal as being untimely, because although his notice of appeal was filed within thirty days of the trial court’s denial of his motion for rehearing, his notice of appeal was filed more than thirty days after the trial court’s initial denial. An untimely filing of a notice of appeal deprives this court of jurisdiction. It is the ultimate and most fatal of appellate…

2Cases cited4 opinions

  1. Mathis v. StateDistrict Court of Appeal of Florida · 1998
  2. Kosek v. StateDistrict Court of Appeal of Florida · 1994
  3. Simmons v. StateDistrict Court of Appeal of Florida · 1995
  4. Gaylord v. StateDistrict Court of Appeal of Florida · 1996

3Cited by1 opinion

  1. Harris v. StateDistrict Court of Appeal of Florida · 2005

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