ROBERTO RODRIGUEZ v. FLORIDA PAROLE COMMISSION, JAMES R. MCDONOUGH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ROBERTO RODRIGUEZ, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D06-3262 FLORIDA PAROLE COMMISSION, JAMES R. McDONOUGH, Secretary, Florida Department of Corrections, Appellees. ______________________________/ Opinion filed October 18, 2006. An appeal from the Circuit Court for Leon County. Terry P. Lewis, Judge. Andrew F. Rier, Miami, for Appellant. No appearance for Appellees. PER CURIAM. We conclude that the notice of appeal herein was not timely filed and, therefore, dismiss the appeal for lack of jurisdiction. The post-judgment motion filed by counsel was not timely, and therefore did not suspend rendition of the circuit court s final order. See Fire & Casualty Ins. Co. of Conn. v. Sealey, 810 So. 2d 988 (Fla. 1st DCA 2002). Because appellant was represented by counsel, the pro se Motion for Relief from Judgment was a legal nullity. See Marsh v. State, 919 So. 2d 540 (Fla. 3d DCA 2005); Booker v. State, 807 So. 2d 800 (Fla. 1st DCA 2002). As such, the pro se motion likewise did not postpone rendition of the trial court s final order. APPEAL DISMISSED. KAHN, and LEWIS, JJ., CONCUR; BENTON, J., DISSENTS WITH OPINION. 2 BENTON, J., dissenting. I would deem counsel s motion for rehearing timely, treating it as an adoption of appellant s clearly timely pro se motion for relief from judgment, which was in the nature of a motion for rehearing. The trial court had acted on neither motion when the notice of appeal was filed, so the previously entered order denying extraordinary relief (to which the motions were addressed) was, in my view, rendered by the filing of the notice of appeal. Fla. R. App. P. 9.020(h)(3). 3
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.
