PENATE v. STATE

No. 5D07-2450.

967 So.2d 364 (2007)

ENRIQUE PENATE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

October 12, 2007.


Attorney(s) appearing for the Case

Matthew A. Leibert, Orlando, for Petitioner.

No Appearance for Respondent.


PLEUS, J.

Enrique Penate seeks second-tier certiorari review of a circuit court's decision, entered while sitting in its appellate capacity, which dismissed his appeal for lack of jurisdiction. Because the petition to this Court was untimely filed, we lack jurisdiction, and the petition must be dismissed.

The circuit court's opinion was rendered May 30, 2007. The certiorari petition to this Court was not filed until July 19, 2007. Florida Rule of Appellate...

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