CHARLES W. STEWART VS STATE OF FLORIDA
|
4D2017-0312
|
2017-01-27
|
Closed
|
|
Classification |
Original Proceedings - Circuit Criminal - Belated Appeal
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562013CF003256A
|
Parties
Name |
CHARLES W. STEWART, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Attorney General-W.P.B.
|
|
Name |
Hon. Steven J. Levin
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - St. Lucie
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-03-09
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2017-03-09
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that the amended petition for belated appeal received February 28, 2017 is dismissed with prejudice. Fla. R. App. P. 9.141(c)(5)(A). The petition is untimely and petitioner fails to show any valid exception to the time limitation.GROSS, TAYLOR and KLINGENSMITH, JJ., concur.
|
|
Docket Date |
2017-02-28
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed ~ **AMENDED PETITION FOR WRIT OF HABEAS CORPUS**
|
On Behalf Of |
CHARLES W. STEWART
|
|
Docket Date |
2017-02-28
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ **AMENDED**
|
On Behalf Of |
CHARLES W. STEWART
|
|
Docket Date |
2017-02-03
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that this court finds that the petition for belated appeal is untimely. The petition does not allege a legally sufficient ground for any exception to the time limitation. Petitioner's allegation that he was "unaware that a notice of appeal had not been timely filed" lacks the "specific factual basis" required by the rule. Fla. R. App. P. 9.141(c)(5)(A). Within twenty (20) days of service of this order, petitioner shall file a sworn and legally sufficient amended petition for belated appeal setting forth the specific factual basis (if any) for an exception to the time limit. Failure to timely respond to this order will result in dismissal of the petition as untimely.
|
|
Docket Date |
2017-01-31
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Belated Appeal / Acknowledgment letter
|
|
Docket Date |
2017-01-27
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
CHARLES W. STEWART
|
|
Docket Date |
2017-01-27
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
CHARLES W. STEWART
|
|
Docket Date |
2017-01-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF7:No Fee- Belated Appeal
|
|
|
CHARLES W. STEWART VS STATE OF FLORIDA
|
4D2016-3716
|
2016-11-01
|
Closed
|
|
Classification |
Original Proceedings - Circuit Criminal - Belated Appeal
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562013CF003256A
|
Parties
Name |
CHARLES W. STEWART, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Attorney General-W.P.B.
|
|
Name |
HON. DAN L. VAUGHN (DNU)
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - St. Lucie
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-11-08
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for belated appeal is dismissed as untimely. Fla. R. App. P. 9.141(c)(5).CIKLIN, C.J, TAYLOR and LEVINE, JJ., concur.
|
|
Docket Date |
2016-11-08
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2016-11-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Belated Appeal / Acknowledgment letter
|
|
Docket Date |
2016-11-01
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
CHARLES W. STEWART
|
|
Docket Date |
2016-11-01
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
|
Docket Date |
2016-11-01
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF7:No Fee- Belated Appeal
|
|
|