| Docket Date |
2020-05-07
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired
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|
| Docket Date |
2019-12-27
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2019-12-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-DISMISSING APPEAL ~ This appeal is dismissed for lack of jurisdiction because there is no final circuit court order to review. See Libertelli v. State, 775 So. 2d 339 (Fla. 2d DCA 2000). However, this dismissal is without prejudice to appellant’s right to file a timely notice of appeal once the circuit court enters a final appealable order disposing of all of appellant's claims raised in the motion still under consideration by the circuit court.
|
|
| Docket Date |
2019-12-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Silberman, Morris, and Atkinson
|
|
| Docket Date |
2019-11-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to order to show cause
|
| On Behalf Of |
ROBERT A. GEORGE
|
|
| Docket Date |
2019-10-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to this court's show cause order
|
| On Behalf Of |
ROBERT A. GEORGE
|
|
| Docket Date |
2019-08-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ROBERT A. GEORGE
|
|
| Docket Date |
2019-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for pro se in summary appeal ~ Appellant's motion for an extension of time to file an initial brief is granted to the extent that appellant may file a brief which complies with Florida Rule of Appellate Procedure 9.210(a)(5) and (b) within 75 days from the date of this order.
|
|
| Docket Date |
2019-06-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
ROBERT A. GEORGE
|
|
| Docket Date |
2019-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2019-05-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF2:No Fee-3.800
|
|
| Docket Date |
2019-05-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ROBERT A. GEORGE
|
|
| Docket Date |
2019-05-20
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2019-05-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SUMMARY
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2019-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NON CERTIFIED COPY OF NOA
|
| On Behalf Of |
ROBERT A. GEORGE
|
|
| Docket Date |
2019-10-31
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ Appellant shall show cause within 15 days from the date of this order why this appeal should not be dismissed for lack of jurisdiction because there is no final circuit court order to review. See Libertelli v. State, 775 So. 2d 339 (Fla. 2d DCA 2000). Any such dismissal will be without prejudice to appellant filing a timely notice of appeal once the circuit court enters a final appealable order disposing of appellant's motion to modify sentence still under consideration by the circuit court.The circuit court by an order rendered January 28, 2019, required the State to respond to appellant's motion to modify sentence and explicitly stated: "Defendant may not appeal until such time as a Final Order has been rendered."Review of the online Polk County Clerk of the Circuit Court case progress docket for circuit court case number 96-CF-5653 appears to show that there is no final circuit court order disposing of appellant's motion to modify sentence.
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|
| Docket Date |
2019-10-15
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ Appellant shall show cause within 15 days from the date of this order why this appeal should not be dismissed as untimely. The circuit court order appealed appears to have been rendered under the requirements of Florida Rule of Appellate Procedure 9.020(h) on January 28, 2019.The notice of appeal to be timely under the requirements of Florida Rules of Appellate Procedure 9.141(b)(1) and 9.110(b) had to be filed with the clerk of the circuit court by February 27, 2019 (within 30 days of the rendition of the order being appealed).For pro se prisoners, the notice of appeal is considered filed as of the date prison officials placed on the notice or, if none, the date contained in the certificate of service, that is, April 26, 2019 (58 days after the deadline for filing the notice of appeal expired). Appellant's notice of appeal appears to have been untimely filed. See Bouchard v. State, Dep't of Bus. Reg., 448 So. 2d 1126 (Fla. 2d DCA 1984); Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990).
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