Charo v. McDonough

District Court of Appeal of Florida

Charo v. McDonough

936 So. 2d 763, 2006 Fla. App. LEXIS 14433, 2006 WL 2482481

CourtDistrict Court of Appeal of Florida

DecidedAugust 30, 2006

DocketNo. 1D06-2482

StatusPublished

This text of 936 So. 2d 763 (Charo v. McDonough) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Charo v. McDonough, 936 So. 2d 763, 2006 Fla. App. LEXIS 14433, 2006 WL 2482481 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of June 16, 2006, the Court has determined that the order on appeal is reviewable by motion filed pursuant to Florida Rule of Appellate Procedure 9.430 in the appellate proceeding that precipitated the order rather than by separate appeal. Wagner v. McDonough 930 So.2d 710, 711 (Fla. 1st DCA 2006). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. To the extent that the underlying appeal, 1D03-5378, was dismissed for failure to pay the appellate filing fee or to obtain an order of insolvency, this dismissal is without prejudice to seek reinstatement of that appeal.

WOLF, VAN NORTWICK, and BROWNING, JJ., concur.

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PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of June 16, 2006, the Court has determined that the order on appeal is reviewable by motion filed pursuant to Florida Rule of Appellate Procedure 9.430 in the appellate proceeding that precipitated the order rather than by separate appeal. Wagner v. McDonough 930 So.2d 710, 711 (Fla. 1st DCA 2006). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. To the extent that the underlying appeal, 1D03-5378, was dismissed for failure to pay the appellate filing fee or to obtain an order of insolvency, this dismissal is without prejudice to seek reinstatement of that appeal.

WOLF, VAN NORTWICK, and BROWNING, JJ., concur.

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Bluebook (online)

936 So. 2d 763, 2006 Fla. App. LEXIS 14433, 2006 WL 2482481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charo-v-mcdonough-fladistctapp-2006.

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