¶1Dismissed. Appellant argues his notice of appeal was timely filed because he timely filed a motion for rehearing. Appellant’s motion for rehearing was untimely filed pursuant to Florida Rule of Appellate Procedure 9.330(a). The burden is on the appellant to demonstrate that he timely filed the motion for rehearing under the “mail box rule,” as set forth in Haag v. State, 591 So.2d 614 (Fla.1992). Appellant has failed to sustain his burden. The instant appeal is therefore dismissed for lack of jurisdiction.
752 So. 2d 657
Cheatham v. Decker
District Court of Appeal of Florida
Decided January 19, 2000
District Court of Appeal of Florida · decided 2000-01-19
Cited by 2 later decisions — most recently November 2000
2 state decisions
Relies on 591 So. 2d 614 - State v. McClain
Good law ✅— No negative treatment on recordhow we know
Decided 2000-01-19
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