Navellier v. Town of Manalapan

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2007 LOUIS G. NAVELLIER and WENDY M. NAVELLIER, Petitioners, v. TOWN OF MANALAPAN, Respondent. No. 4D07-264 [April 11, 2007] POLEN, J. The above-styled petition for writ of certiorari is hereby dismissed as untimely. See Fla. R. App. P. 9.100 (c) (1); Capone v. Fla. Bd. of Regents, 774 So. 2d 825, 826 (Fla. 4th DCA 2000). Petitioners argue we should deem their petition timely filed (the last day for filing was Friday, January 19, 2007, and it was not filed until Monday, January 22) because they were delayed in being able to timely file, inter alia, by the closing of the courts for the Christmas and New Year s holidays. The English dramatist John Webster noted that Christmas Comes but Once a Year. 1 Since long before the founding of this country (not to mention the Florida Rules of Appellate Procedure), however, we have all known it comes every year. We cannot, and should not, extend the jurisdictional time periods for filing this petition based on such an argument. The remainder of petitioners arguments is equally unpersuasive. FARMER and HAZOURI, JJ., concur. * * * Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Hoy, Amy L. Smith, and Kenneth D. Stern, Judges; L.T. Case No. 502006CA007641XXXXM. 1 1602. Collaboration with Thomas Dekker. Jose M. Ferrer of Baker & McKenzie LLP, Miami, for petitioners. Trela J. White and R. Max Lohman of Corbett & White, P.A., Lantana, for respondent. Not final until disposition of timely filed motion for rehearing. 2

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