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Brooks v. State

District Court of Appeal of Florida, First District
Nov 16, 2011
77 So. 3d 213 (Fla. Dist. Ct. App. 2011)

Opinion

No. 1D11–4067.

2011-11-16

Willie J. BROOKS, Appellant, v. STATE of Florida, Appellee.

An appeal from an order of the Columbia County Circuit Court. Julian E. Collins, Judge.Willie J. Brooks, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


An appeal from an order of the Columbia County Circuit Court. Julian E. Collins, Judge.Willie J. Brooks, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

This appeal from the denial of a motion for post conviction relief after evidentiary hearing was dismissed when appellant failed to respond to an order to show cause concerning the timeliness of the notice of appeal. We conclude that appellant's motion for rehearing or reconsideration establishes good cause for his failure to respond, and therefore withdraw our prior order of dismissal.

However, upon consideration of appellant's response to the order to show cause, we conclude that the notice of appeal was not timely filed, and the appeal is therefore dismissed for lack of jurisdiction. This disposition is without prejudice to appellant's right to seek a belated appeal by proper petition complying with the requirements of Florida Rule of Appellate Procedure 9.141(c).

WOLF, LEWIS, and WETHERELL, JJ., concur.


Summaries of

Brooks v. State

District Court of Appeal of Florida, First District
Nov 16, 2011
77 So. 3d 213 (Fla. Dist. Ct. App. 2011)
Case details for

Brooks v. State

Case Details

Full title:WILLIE J. BROOKS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Nov 16, 2011

Citations

77 So. 3d 213 (Fla. Dist. Ct. App. 2011)

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Brooks v. Sec'y

Brooks filed a notice of appeal on July 22, 2011, pursuant to the mailbox rule. Resp. Ex. K. The appellate…