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Ward v. State

District Court of Appeal of Florida, Third District.
Jun 7, 2017
229 So. 3d 860 (Fla. Dist. Ct. App. 2017)

Opinion

No. 3D16–2176

06-07-2017

Laguan WARD, Appellant, v. The STATE of Florida, Appellee.

Laguan Ward, in proper person. Pamela Jo Bondi, Attorney General, for appellee.


Laguan Ward, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before SALTER, FERNANDEZ and LUCK, JJ.

LUCK, J.

Laguan Ward appeals the trial court's order prohibiting him from filing further pro se motions without a member of the Florida Bar certifying that they are in good faith. The trial court's order was rendered on August 4, 2016. Ward's notice of appeal was placed in the Calhoun Correctional Institution's mailbox on September 16, 2016. The rules of appellate procedure, however, "requir[e] the filing of a notice of appeal within 30 days from the rendition of the order to be reviewed." Harris v. State, 88 So.3d 167 (Fla. 3d DCA 2012) (citing Fla. R. App. P. 9.140(b)(3) ). This requirement is jurisdictional, and the failure to file a timely notice compels us to dismiss the appeal. See Dominguez v. State, 197 So.3d 1199–200 (Fla. 3d DCA 2016) ("We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. The order on appeal was rendered on September 16, 2015, and Appellant's notice of appeal was filed on October 19, 2015, more than thirty days past the date of rendition. Accordingly, because this Court lacks jurisdiction, we dismiss this appeal as untimely." (footnote omitted)). That is what we must do here.

Ward did not file a motion that would have pushed back the rendition date of the August 4 order. See Fla. R. App. P. 9.020(i) (listing motions that affect rendition).
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Appeal dismissed.


Summaries of

Ward v. State

District Court of Appeal of Florida, Third District.
Jun 7, 2017
229 So. 3d 860 (Fla. Dist. Ct. App. 2017)
Case details for

Ward v. State

Case Details

Full title:Laguan WARD, Appellant, v. The STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Jun 7, 2017

Citations

229 So. 3d 860 (Fla. Dist. Ct. App. 2017)