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Luby v. State

Citations: 791 So. 2d 1236; 2001 Fla. App. LEXIS 11493; 2001 WL 929886Docket: No. 5D01-1786

Court: District Court of Appeal of Florida; August 17, 2001; Florida; State Appellate Court

Narrative Opinion Summary

The appellant's petition for certiorari was dismissed due to untimeliness, resulting in a lack of jurisdiction. However, the dismissal is without prejudice, allowing the appellant the opportunity to seek relief at a lower court regarding issues faced in obtaining a copy of the order. This decision references the case Conklin v. Moore, 739 So.2d 714 (Fla. 1st DCA 1999). Judges Sawaya and Orfinger concur in the dismissal.

Legal Issues Addressed

Dismissal of Petition for Certiorari Due to Untimeliness

Application: The court dismissed the appellant's petition due to it being filed beyond the permissible time frame.

Reasoning: The appellant's petition for certiorari was dismissed due to untimeliness, resulting in a lack of jurisdiction.

Dismissal Without Prejudice

Application: The court's dismissal of the petition is without prejudice, meaning the appellant can pursue relief in a lower court.

Reasoning: However, the dismissal is without prejudice, allowing the appellant the opportunity to seek relief at a lower court regarding issues faced in obtaining a copy of the order.

Judicial Concurrence in Dismissal

Application: Judges Sawaya and Orfinger agreed with the decision to dismiss the petition.

Reasoning: Judges Sawaya and Orfinger concur in the dismissal.