Isiah D. Kelly v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledMarch 19, 2021
Docket1D20-3106
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-3106
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ISIAH D. KELLY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Bradford County.
David P. Kreider, Judge.
March 19, 2021
PER CURIAM.
Isiah D. Kelly appeals a non-final order of the trial court
transferring his habeas petition to the sentencing court in Miami-
Dade County. The trial court rendered that order on September 15,
2020, and Kelly filed his appeal on October 16, 2020. His motion
for reconsideration, filed with the trial court, was not an
authorized motion and did not toll rendition of the transfer order.
See Fla. R. App. P. 9.020(h); Wagner v. Bieley, Wagner & Assocs.,
Inc., 263 So. 2d 1, 4 (Fla. 1972) (holding that a motion for rehearing
directed to an interlocutory order does not toll the time for filing
an appeal from that order). Kellyโs appeal is untimely. See Fla. R.
App. P. 9.130(b) (requiring that a notice of appeal regarding a non-
final order must be filed within thirty days of rendition of the order
on review). We note Kellyโs response to our show-cause order, but
we must dismiss.
DISMISSED.
ROBERTS, ROWE, and TANENBAUM, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Isiah D. Kelly, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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