Roosevelt King v. Dept. of Corrections
CourtDistrict Court of Appeal of Florida
Date FiledJune 24, 2021
Docket1D21-1063
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-1063
_____________________________
ROOSEVELT KING,
Petitioner,
v.
DEPT. OF CORRECTIONS,
Respondent.
_____________________________
Petition for Writ of Mandamus—Original Jurisdiction.
June 24, 2021
PER CURIAM.
Petitioner seeks review of a post judgment order denying his
motion to remove a lien on his inmate trust account in an
extraordinary writ proceeding. Review of this order is properly as
an appeal of a nonfinal order; Petitioner’s motion to remove the
lien filed below is in the nature of a motion for rehearing of an
interlocutory ruling. See Mobley v. McNeil, 989 So. 2d 1215 (Fla.
1st DCA 2008). As the motion is akin to a motion for rehearing, it
had to have been filed within 15 days after entry of the circuit
court’s order dismissing the mandamus petition in order to
suspend rendition of the underlying ruling. See Fla. R. App. P.
9.330(a)(1); see also Mobley, 989 So. 2d at 1216. Here, Petitioner
did not timely file the motion. Therefore, it did not toll the time
for appealing the order of dismissal or the order imposing the lien,
which is reviewable in the appeal of the final order disposing of the
case. See Fla. R. App. P. 9.430(a). An order on a motion for
rehearing is not independently reviewable. See Fla. R. App. P.
9.130(a)(4). Accordingly, we convert this mandamus proceeding to
an appeal and dismiss for lack of jurisdiction.
LEWIS, ROWE, and WINOKUR, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Roosevelt King, pro se, Petitioner.
Ashley Moody, Attorney General, Tallahassee, for Respondent.
2