Chubb v. State
JOHN CHUBB, Appellant, v. STATE OF FLORIDA, Appellee.
CASE NO. 1D06-5567
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT
January 31, 2007, Opinion Filed
NOTICE: [*1] NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
PRIOR HISTORY: An appeal from the Circuit Court for Union County. Stan R. Morris, Judge.
COUNSEL: John Chubb, Pro se, Appellant.
Bill McCollum, Attorney General, Tallahassee, for Appellee.
JUDGES: BARFIELD, VAN NORTWICK, and THOMAS, JJ., CONCUR.
OPINION: PER CURIAM.
The appellant filed a notice of appeal pursuant to the “mailbox” rule on October 16, 2006, seeking review of an “Order Dismissing Petition for Habeas Corpus,” filed in the lower tribunal on June 8, 2006. However, because the appellant’s motion for clarification, which the trial court treated as a second motion for rehearing, was not an authorized motion, see Arleo v. Garcia, 695 So. 2d 862 (Fla. 4th DCA 1997), it did not delay rendition of the order of dismissal. See Fla. R. App. P. 9.020(h). Consequently, the notice of appeal was not filed within 30 days of rendition of the order on appeal. For this reason, we dismiss this appeal for lack of jurisdiction without prejudice to the appellant’s right to seek relief in the trial court. See Brown v. State, 708 So. 2d 1041 (Fla. 1st DCA 1998). [*2]
BARFIELD, VAN NORTWICK, and THOMAS, JJ., CONCUR.