| Classification |
NOA Final - Circuit Criminal - 3.801 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
16-CF-016217
|
Parties
| Name |
JAMES GALLAGHER, INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kelly E. O'Neill, A.A.G., Attorney General, Tampa
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-12-18
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2019-11-19
|
| 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 for correction of jail credit still under consideration by the circuit court.
|
|
| Docket Date |
2019-11-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Villanti, Lucas, and Salario
|
|
| Docket Date |
2019-10-17
|
| 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’s filing a timely notice of appeal once the circuit court enters a final appealable order disposing of appellant's motion for correction of jail credit still under consideration by the circuit court.On June 12, 2019, this court received the summary postconviction record for this appeal from the Lee County Clerk of the Circuit Court. Review of this record shows that the circuit court by an order rendered March 14, 2019, required the State to respond to appellant’s motion for correction of jail credit. The State’s response was filed with the clerk of the circuit court on May 7, 2019. Appellant then mailed from prison on May 13, 2019, a notice of appeal without the circuit court having rendered a final order disposing of appellant’s motion for correction of jail credit.
|
|
| Docket Date |
2019-06-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SUMMARY - 91 PAGES
|
|
| Docket Date |
2019-06-07
|
| 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 |
2019-06-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JAMES GALLAGHER
|
|
| Docket Date |
2019-06-04
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2019-06-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF2:No Fee-3.800
|
|
| Docket Date |
2019-06-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
