| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502013CF004761AXXXMB
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Parties
| Name |
MARK J ANDERSON LLC
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| Role |
Appellant
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| Status |
Active
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|
| Name |
STATE OF FLORIDA LLC
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| Role |
Appellee
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| Status |
Active
|
| Representations |
Attorney General-W.P.B.
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|
| Name |
Hon. Kirk C. Volker
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2021-07-16
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2021-08-04
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| Type |
Order
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| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
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| Description |
Order Per Section 16(b)(10)b., Fla. Const. - Time Expired ~ Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the applicable time frame had already expired by the time this case was filed. Therefore, the Court is required to issue this order. The parties to this case are advised that no further action is necessary, and this case is completed and no further filings will be entertained.
|
|
| Docket Date |
2021-07-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED that the above–styled appeal is dismissed as untimely filed. See Fla. R. App. P. 9.420(a)(2)(A).CONNER, C.J., WARNER and GROSS, JJ., concur.
|
|
| Docket Date |
2021-05-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Mark J. Anderson
|
|
| Docket Date |
2021-05-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2021-05-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Summary Record
|
|
| Docket Date |
2021-05-27
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing - Criminal Appeal ~ This court has received a Notice of Appeal in the above case which appears to be untimely. If the Notice is untimely, then this court does not have jurisdiction to hear the appeal.The Notice of Appeal shows that Defendant (who is incarcerated) gave the Notice to prison authorities on May 18, 2021 which appears to be more than thirty (30) days after filing of the order being appealed on April 14, 2021.orThe Notice of Appeal was filed in the trial court on May 24, 2021 which appears to be more than thirty (30) days after the order being appealed filed April 14, 2021.If the order being appealed was followed by a timely motion for rehearing or new trial, then the date of order would have been suspended until the date of disposition of the motion for new trial.It is therefore ORDERED that, within twenty (20) days from the date of this order, Defendant shall file in this court a conformed copy of any orders on motions for rehearing or new trial filed after the filing of the order being appealed.If Defendant is seeking a belated appeal, a sworn petition conforming to Florida Rule of Appellate Procedure 9.141(c) shall be filed within 20 days. Any failure to comply timely with this order will result in the dismissal of this appeal as untimely.
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