DAVID L. BROWN v. WARDEN JOHN DOE PERRINE
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DAVID L. BROWN, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D02-4940 WARDEN JOHN DOE PERRINE, Appellee. ___________________________/ Opinion filed August 21, 2003. An appeal from the Circuit Court for Leon County. L. Ralph Smith, Judge. Appellant, pro se. Donna La Plante, Assistant Attorney General, Tallahassee; Louis A. Vargas, Tallahassee, for Appellee. PER CURIAM. Having considered the appellant s responses to this Court s orders of May 23, 2003, and June 16, 2003, as well as the appellee s reply filed on June 6, 2003, the appeal is hereby dismissed as untimely. See Florida Rule of Civil Procedure 1.530(b). The appellant brought an original petition for writ of mandamus seeking to compel the appellee, in his official capacity, to perform a legal duty. Because the petition did not seek review of agency action, the civil rules of procedure, rather than the appellate rules of procedure were controlling. Cf. Newell v. Moore, 826 So. 2d 1033 (Fla. 1st DCA 2002). Under these rules, the appellant s motion for rehearing was not timely, therefore, it did not delay rendition of the order on appeal. See Fla. R. App. P. 9.020(h). All pending motions are denied as moot. AFFIRMED. BENTON, PADOVANO and BROWNING, JJ., CONCUR.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
