CURRY v. STATE, 36 So.3d 655 (Fla. 2010)

Case No. SC09-2108.Supreme Court of Florida.
March 2, 2010.

Lower Tribunal No(s). 3D07-22, 91-33233.

Upon review of petitioner’s jurisdictional brief, it is clear that he is seeking review of only the Third District Court of Appeal’s decision to deny his motion to enforce mandate in its opinion rendered August 12, 2009 (i.e., not the show cause portion of that opinion or the Third District Court’s subsequent barring order rendered September 17, 2009). Petitioner neither moved for rehearing of the August 12th opinion nor filed a notice to invoke this Court’s discretionary review within 30 days of that opinion. As such, it appears to the Court that the notice was not timely filed. See Fla. Rs. App. P. 9.020(i) 9.120(b). It is therefore ordered that the cause is dismissed on the Court’s own motion, subject to reinstatement if timeliness is established on proper motion filed within 15 days from the date of this order.