CECIL MULLINS v. FLORIDA DEPT. OF AGRICULTURE AND CONSUMER SERVICES

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CECIL F. MULLINS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-2358 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Appellee. ___________________________/ Opinion filed August 21, 2007. An appeal from the Department of Agriculture and Consumer Services. Terry L. Rhodes, Assistant Commissioner. P. Michael Leahy of Moseley, Prichard, Parrish, Knight & Jones, Jacksonville, for Appellant. David W. Young, Senior Attorney, Florida Department of Agriculture and Consumer Services, Tallahassee, for Appellee. PER CURIAM. Upon consideration of the appellant s response to the Court s orders of May 22, 2007, and June 1, 2007, the Court has determined that the order on appeal was rendered by filing with the clerk of the Department of Agriculture and Consumer Services on April 4, 2007. Therefore, the appellant s notice of appeal, which was filed on May 7, 2007, failed to timely invoke the Court s jurisdiction. Fla. R. App. P. 9.110(b). Accordingly, the appeal is hereby dismissed as untimely. WOLF, PADOVANO, and ROBERTS, JJ., CONCUR. 2

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