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LUBY v. STATE

No. 5D01-1786.

791 So.2d 1236 (2001)

Irene G. LUBY, et al., Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

August 17, 2001.

Attorney(s) appearing for the Case

Howard H. Babb, Jr., Public Defender, Tavares, and Elizabeth Osmond, Assistant Public Defender, Brooksville, for Petitioner.

No Appearance for Respondent.

HARRIS, J.

Because appellant's petition for certiorari was untimely filed, we are without jurisdiction and therefore dismiss the petition. This dismissal, however, is without prejudice to seek relief below based on the problems allegedly encountered in receiving a copy of the order. See Conklin v. Moore, 739 So.2d 714 (Fla. 1st DCA 1999).

PETITION FOR CERTIORARI DISMISSED.

SAWAYA and ORFINGER...

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