IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
APPELLATE DIVISION

BRENDA DONALDSON,

                                    Petitioner,

vs.                                                                                                         Appeal No.00-8852-CI-88A

STATE OF FLORIDA, DEPARTMENT OF HIGHWAY
SAFETY & MOTOR VEHICLES,

                                    Respondent.

____________________________________/

 

ORDER DISMISSING PETITION FOR WRIT OF CERTIORARI

            THIS CAUSE came before the Court on the Respondent’s Motion to Dismiss the Petition for Writ of Certiorari.  Upon review of the record and being otherwise fully advised in the premises, the Court finds the Petition for Writ of Certiorari, filed by the Petitioner on December 26, 2000, is well beyond the thirty days from when the Order sought to be reviewed was entered on April 28, 2000.  Even if the Court accepts the Petitioner’s assertion that she did not receive notice of the Order entered by the Respondent until October 20, 2000, the filing of the Petition for Writ of Certiorari would still be untimely.  Therefore, the Court is without jurisdiction to review the Petition for Writ of Certiorari.  See Fla. R. App. P., Rule 9.100(a),(c)(2000); see also     

Dept. of Highway Safety and Motor Vehicles v. Joannou, 353 So.2d 164 (Fla. 3d DCA 1977); Keith v. Corbin, 346 So.2d 1223 (Fla. 1st DCA 1977); Dept of Highway Safety and Motor Vehicles v. Adams, 338 So.2d 542 (Fla. 1st DCA 1976); Flinchbaugh v. Burton, 312 So.2d 827 (Fla. 4th DCA 1975). 

              It is therefore

            ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is dismissed.

            DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this 23rd day of February 2001.                       

___________________________________
W. DOUGLAS BAIRD
Circuit Judge, Appellate Division

 

Copies Furnished To:

Robert D. Eckard, Esquire

777 Alderman Road

Palm Harbor, FL  34683

Attorney for Petitioner

Heather Rose Cramer, Esquire

Assistant General Counsel

Florida Dept. of Highway Safety & Motor Vehicles

2330 South Congress Avenue, Suite 2G

West Palm Beach, FL  33406

Attorney for Respondent

Bureau of Driver Improvement

2814 East Hillsborough Avenue

Tampa, FL  33610