Kurz v. State

David KURZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided November 27, 1974.

District Court of Appeal of Florida · decided 1974-11-27

Key passage — most relied on by later courts

“[the] court does not have jurisdiction and has, therefore, no alternative but to [d]ismiss”

quoted by 1 later decision, including 998 So. 2d 494 - Sims v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1974-11-27

How this case has been cited

Cited by 3 later decisions — most recently September 2008

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1James A. Gardner, Public Defender, Sarasota, and Samuel J. Swisher, Asst. Public Defender, Sarasota, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4A careful examination of the record discloses that the judgment and sentence of which appellant seeks review was rendered by the court on February 4, 1974. The notice of appeal was filed by appellant, in proper person, on March 14, 1974, in the office of the clerk of the Circuit Court for Lee County, more than 30 days from the rendition of the judgment and sentence.

¶5The appeal not being timely filed within the 30 days provided by law (Rule 6.2, F.A.R.) this court does not have jurisdiction and has, therefore, no alternative but to

¶6Dismiss, sua sponte.

¶7HOBSON, Acting C.J., and BOARDMAN and GRIMES, JJ., concur.