County Traffic Court: APPELLATE PROCEDURE – Timeliness – Appellate court does not have jurisdiction to entertain appeal when notice was untimely.  Appeal dismissed.  White v. State, CRC11-01603CFAWS (Fla. 6th Cir. App. Ct. June 11, 2012). 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA, IN AND FOR PASCO COUNTY

APPELLATE DIVISION

 

 

GERALD WHITE,     

                        Appellant,

                                                                        UCN:              512011CF001603A000WS

v.                                                                     Case No:      CRC1101603CFAWS

                                                                        Lower No:    10-5138LABTWS

                                                                                               

STATE OF FLORIDA,                                            

                        Appellee.                                                      

_____________________________/

 

EN BANC ORDER GRANTING THE ATTORNEY GENERAL’S

MOTION TO DISMISS APPEAL

 

THIS MATTER comes before the court on the Attorney General’s Motion to Dismiss, filed April 9, 2012, and the City of Port Richey’s adoption of the motion, filed on April 27, 2012.  In its motion, the Attorney General argues that this appeal should be dismissed as untimely.  The judgment infraction disposition was entered on January 10, 2011.  Appellant filed his Notice of Appeal on February 10, 2011, which was 31 days later.  Pursuant to Florida Rule of Appellate Procedure 9.110(b), Appellant had only thirty days to file his notice.  Since the Notice of Appeal was untimely, this court is without jurisdiction and precluded from entertaining this appeal.  Mekertin v. Mekertin, 869 So. 2d 1286 (Fla. 4th DCA 2004); Harrell v. Harrell, 879 So. 2d 87 (Fla. 4th DCA 2004).  Therefore, it is

 

ORDERED AND ADJUDGED that Appeal Number CRC1101603CFAWS is hereby DISMISSED.

 

DONE AND ORDERED in Chambers, at New Port Richey, Pasco County, Florida, this 11th day of June 2012.

 

Original order entered on June 11, 2012, by Circuit Judges Stanley R. Mills,     W. Lowell Bray, Jr., Daniel D. Diskey, R. Timothy Peters, Joseph A. Bulone, Thane B. Covert, David A. Demers, Raymond O. Gross, and L. Keith Meyer, Jr.

 

 

Copies to:

Gerald White, Pro Se

P.O. Box 6025

Spring Hill, Florida 34611

 

Robert Dietz, A.A.G.

Office of the Attorney General

501 East Kennedy Blvd., Suite 1100

Tampa, Florida 33602-5258

 

Joseph Poblick, Esq.

9916 Preakness Stakes Way

Dade City, Florida 33525-8629