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791 So. 2d 1236

Luby v. State

District Court of Appeal of Florida

Decided August 17, 2001

District Court of Appeal of Florida · decided 2001-08-17

Relies on Carter v. State

Decided 2001-08-17

HARRIS, J.

¶1Because appellant’s petition for certiora-ri was untimely filed, we are without jurisdiction and therefore dismiss the petition. This dismissal, however, is without prejudice to seek relief below based on the problems allegedly encountered in receiving a copy of the order. See Conklin v. Moore, 739 So.2d 714 (Fla. 1st DCA 1999).

¶2PETITION FOR CERTIORARI DISMISSED.

SAWAYA and ORFINGER, R.B., JJ., concur.
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