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Fla. L. Weekly D2351aTop of Form
Fla. L. Weekly D2351aTop of Form
Appeals
— Certiorari — Petition seeking review of trial court’s order denying motion
for protective order as moot was untimely where order was rendered more than 30
days before petition was filed
— Certiorari — Petition seeking review of trial court’s order denying motion
for protective order as moot was untimely where order was rendered more than 30
days before petition was filed
ELISABETH GONZALEZ-CARONE,
Petitioner, vs. IN RE: THE LANCE AND LINDA NEIBAUER JOINT TRUST, by and through
LANCE NEIBAUER, as Trustee, vs. MICHAEL J. KURGAN, etc., Respondent. 3rd
District. Case No. 3D17-1842. L.T. Case No. 15-11154. Opinion filed November 1,
2017. On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Jorge E. Cueto, Judge. Counsel: Elisabeth Gonzalez-Carone, in proper
person. Payton & Associates, LLC, for respondent.
Petitioner, vs. IN RE: THE LANCE AND LINDA NEIBAUER JOINT TRUST, by and through
LANCE NEIBAUER, as Trustee, vs. MICHAEL J. KURGAN, etc., Respondent. 3rd
District. Case No. 3D17-1842. L.T. Case No. 15-11154. Opinion filed November 1,
2017. On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Jorge E. Cueto, Judge. Counsel: Elisabeth Gonzalez-Carone, in proper
person. Payton & Associates, LLC, for respondent.
(Before EMAS, LOGUE and LINDSEY,
JJ.)
JJ.)
(LINDSEY, J.) Elisabeth
Gonzalez-Carone seeks, by way of a petition for writ of certiorari, review of
the trial court’s order denying her motion for protective order as moot, on
August 14, 2017. The trial court’s order was rendered on July 10, 2017. Pursuant
to Florida Rule of Appellate Procedure 9.100(c)(1), a petition for certiorari
“shall be filed within thirty days of rendition of the order to be reviewed.”
The thirty day time period is jurisdictional. Under section 59.081(2), Florida
Statutes (2017), the failure to timely invoke the jurisdiction of a reviewing
court “shall divest such court of jurisdiction to review such cause.” See
Miccosukee Tribe of Indians of Fla. v. Lewis, 122 So. 3d 504, 505-06
(Fla. 3d DCA 2013) (holding that because the petition for writ of certiorari
was filed thirty-five days after rendition of the order to be reviewed, the
petition is untimely and this Court is therefore without jurisdiction).
Gonzalez-Carone seeks, by way of a petition for writ of certiorari, review of
the trial court’s order denying her motion for protective order as moot, on
August 14, 2017. The trial court’s order was rendered on July 10, 2017. Pursuant
to Florida Rule of Appellate Procedure 9.100(c)(1), a petition for certiorari
“shall be filed within thirty days of rendition of the order to be reviewed.”
The thirty day time period is jurisdictional. Under section 59.081(2), Florida
Statutes (2017), the failure to timely invoke the jurisdiction of a reviewing
court “shall divest such court of jurisdiction to review such cause.” See
Miccosukee Tribe of Indians of Fla. v. Lewis, 122 So. 3d 504, 505-06
(Fla. 3d DCA 2013) (holding that because the petition for writ of certiorari
was filed thirty-five days after rendition of the order to be reviewed, the
petition is untimely and this Court is therefore without jurisdiction).
Here, Rule 9.100(c) required the
instant petition to be filed within thirty days of the order rendered on July
10, 2017. Because the petition was filed on August 14, 2017, thirty-five days
after rendition of the order sought to be reviewed, the petition is untimely.
This Court therefore lacks jurisdiction over the petition. Accordingly, we
dismiss the petition for lack of jurisdiction.
instant petition to be filed within thirty days of the order rendered on July
10, 2017. Because the petition was filed on August 14, 2017, thirty-five days
after rendition of the order sought to be reviewed, the petition is untimely.
This Court therefore lacks jurisdiction over the petition. Accordingly, we
dismiss the petition for lack of jurisdiction.
Petition dismissed.
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