CARLO WOODSON, v. MICHAEL D. CREWS, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CARLO WOODSON, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-5343 MICHAEL D. CREWS, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Appellee. _____________________________/ Opinion filed January 24, 2013. An appeal from an order of the Circuit Court for Franklin County. Angela C. Dempsey, Judge. Carlo Woodson, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Jennifer Parker, General Counsel, Florida Department of Corrections, Tallahassee (no appearance), for Appellee. PER CURIAM. Upon consideration of appellant's response to the Court's order of December 6, 2012, the Court has determined that the appeal is untimely. Although the lower tribunal granted appellant s motion for rehearing in part, apparently treating it as timely filed, it was without authority to do so. Fla. R. Civ. P. 1.090(b). Consequently, appellant's untimely motion for rehearing failed to delay rendition of the underlying order pursuant to Florida Rule of Appellate Procedure 9.020(h). As a result, the notice of appeal, which was filed more than 30 days after rendition of the final order, failed to timely invoke the Court's jurisdiction. Accordingly, the appeal is dismissed for lack of jurisdiction. PADOVANO, ROWE, and RAY, JJ., CONCUR. 2

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