Opinion
Case No. 1D01-4431
filed January 4, 2002.
An appeal from the Circuit Court for Duval County. E. McRae Mathis, Judge.
J. Garfield Hurt, Jacksonville, for Appellant.
Paola Parra, Jacksonville, for Appellee Brecht. Alan Michael Foody, Atlantic Beach, for Appellee/Cross-Appellant Carter.
Having considered appellant Vito Barone's response to the Court's order of November 20, 2001, the appeal is hereby dismissed for lack of jurisdiction with respect to Barone. See Fla.R.App.P. 9.110(k); see also Brown v. State, 708 So.2d 1041 (Fla. 1st DCA 1998); Coats v. Climatic Products Corp., 756 So.2d 1104 (Fla. 1st DCA 2000). However, the Court has determined that cross-appellant Johnny Carson Carter's notice of cross-appeal effectively invoked the Court's jurisdiction. Thus, cross-appellant Carter is hereby redesignated as the primary appellant and the appeal shall be restyled accordingly. As the appellant, Carter shall ensure the filing of an index to the record on appeal within 50 days of the date of this order in compliance with Florida Rule of Appellate Procedure 9.200. The initial brief shall be filed within 20 days thereafter. Fla.R.App.P. 9.210.
KAHN, DAVIS, and VAN NORTWICK, JJ., CONCUR.