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McDaniel v. Whitfield

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
Apr 11, 2017
214 So. 3d 794 (Fla. Dist. Ct. App. 2017)

Opinion

CASE NO. 1D16–4572

04-11-2017

Roger D. MCDANIEL, Appellant, v. Ralph WHITFIELD, Appellee.

Roger D. McDaniel, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


Roger D. McDaniel, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

This is an appeal from an order granting a motion for extension of time to respond to the complaint. Within the appeal, appellant filed a petition for writ of certiorari. The order is not appealable and we decline to treat the notice of appeal as invoking the Court's certiorari jurisdiction because appellant has failed to show any harm that is incurable by a final appeal. See Bared & Co. v. McGuire , 670 So.2d 153, 157 (Fla. 4th DCA 1996) ("If petitioner has failed to make a prima facie showing of irreparable harm, we lack jurisdiction and will enter an order dismissing the petition.") The appeal is hereby DISMISSED.

WETHERELL, BILBREY, and JAY, JJ., CONCUR.


Summaries of

McDaniel v. Whitfield

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
Apr 11, 2017
214 So. 3d 794 (Fla. Dist. Ct. App. 2017)
Case details for

McDaniel v. Whitfield

Case Details

Full title:ROGER D. MCDANIEL, Appellant, v. RALPH WHITFIELD, Appellee.

Court:DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Apr 11, 2017

Citations

214 So. 3d 794 (Fla. Dist. Ct. App. 2017)