Bode v. State

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILE, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT GEORGE BODE, ) ) Petitioner, ) ) v. ) ) STATE OF FLORIDA, ) ) Respondent. ) __________________________________ ) Case No. 2D05-2027 Opinion filed August 31, 2005. Petition for Writ of Certiorari to the Circuit Court for the Tenth Judicial Circuit for Polk County; sitting in its appellate capacity. Lawrence D. Shearer of McDonald & Shearer, Lakeland, for Petitioner. Charles J. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee. FULMER, Chief Judge. George Bode petitions this court for a writ of certiorari under Florida Rule of Appellate Procedure 9.030(b)(2)(B). We dismiss Bode s petition as untimely filed and therefore do not reach the merits. A petition for certiorari must be filed "within 30 days of rendition of the order to be reviewed." Fla. R. App. P. 9.100(c)(1). Rendition takes place when a signed, written order is filed with the clerk of the lower tribunal. Fla. R. App. P. 9.020(h); see also Philip J. Padovano, Florida Appellate Practice, § 2.3, at 26 (2005 ed.). In this case, the circuit court s signed order was filed, and thus rendered, on March 2, 2005. Bode filed his petition for a writ of certiorari in this court on April 22, 2005. Because the petition was not timely filed, this court has no jurisdiction to consider it. See Jones v. Cannon, 750 So. 2d 108 (Fla. 1st DCA 2000). Petition dismissed. DAVIS and WALLACE, JJ., Concur. -2-

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.