Legal Opinion

Rodriguez v. Florida Parole Commission

District Court of Appeal of Florida

Decided October 18, 2006No. 1D06-3262PublishedCited by 1 opinion

1Per curiam

We conclude that the notice of appeal herein was not timely filed and, therefore, dismiss the appeal for lack of jurisdiction. The post-judgment motion filed by counsel was not timely, and therefore did not suspend rendition of the circuit court’s final order. See Fire & Casualty Ins. Co. of Conn. v. Sealey, 810 So.2d 988 (Fla. 1st DCA 2002). Because appellant was represented by counsel, the pro se “Motion for Relief from Judgment” was a legal nullity. See Marsh v. State, 919 So.2d 540 (Fla. 3d DCA 2005); Booker v. State, 807 So.2d 800 (Fla. 1st DCA 2002). As such, the pro se motion likewise…

2Cases cited3 opinions

  1. Fire & Cas. Ins. Co. of Conn. v. SealeyDistrict Court of Appeal of Florida · 2002
  2. Booker v. StateDistrict Court of Appeal of Florida · 2002
  3. Marsh v. StateDistrict Court of Appeal of Florida · 2005

3Cited by1 opinion

  1. Mathis v. StateDistrict Court of Appeal of Florida · 2006

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