MAX FENELON, v. WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MAX FENELON , NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D09-2982 WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Appellee. _____________________________/ Opinion filed September 17, 2009. An appeal from the Circuit Court for Bradford County. Phyllis M. Rosier, Judge. Max Fenelon, pro se, Appellant. Bill McCollum, Attorney General, Kathleen Von Hoene, General Counsel, for Appellee. PER CURIAM. DISMISSED. Fla. R. Civ. P. 1.090(b) (providing that court may not extend the time for making a motion for rehearing); Surratt v. Freeman, 924 So. 2d 905 (Fla. 1st DCA 2006) (distinguishing Newell v. Moore, 826 So. 2d 1033 (Fla. 1st DCA 2002)); Ashley v. Moore , 742 So. 2d 533 (Fla. 1st DCA 1999) (rejecting argument for additional time to serve motion for rehearing when underlying order is served by mail). KAHN, WEBSTER, and ROBERTS, JJ., CONCUR. 2

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