Public-domain · open source
OpenJurist

868 So. 2d 583

Patterson v. State

District Court of Appeal of Florida

Decided February 18, 2004

District Court of Appeal of Florida · decided 2004-02-18

Cited by 1 later decisions — most recently August 2004

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2004-02-18

View the full empirical analysis of this case →

PER CURIAM.

¶1Ricky Eugene Patterson has appealed a trial court order which denied his motion for reconsideration of an earlier trial court order dismissing his petition for writ of habeas corpus, and a separately filed motion for relief from judgment filed pursuant to Florida Rule of Civil Procedure 1.540(b). We summarily affirm that portion of the order which dismissed habeas corpus, since Patterson actually sought belated appeal in post-conviction proceedings. This must be sought by proper petition filed in this court under Florida Rule of Appellate Procedure 9.141(c). Indeed, our records confirm that Patterson actually has filed such a petition in this court and that this court earlier granted him belated appeal of an order denying his motion for post-conviction relief and petition for writ of error coram nobis.

¶2As for that portion of the order on appeal which denied his motion for reconsideration of an earlier order denying his motion for relief from judgment, we dismiss for lack of subject matter jurisdiction in this court. Patterson’s motion for relief of judgment was not authorized under the Florida Rules of Criminal Procedure in his post-conviction proceedings, and the order denying it was a legal nullity. It was not filed in time for the trial court to have considered it a motion for rehearing under Florida Rule of Criminal Procedure 3.850(g). Reconsideration of the order denying relief from judgment is not an authorized motion either. The order of denial is a legal nullity.

¶3AFFIRMED IN PART, DISMISSED IN PART.

STONE, POLEN and TAYLOR, JJ., concur.
/868/so2d/583 · .json · Public domain