Nolan v. State

District Court of Appeal of Florida

Nolan v. State

700 So. 2d 808, 1997 Fla. App. LEXIS 12221, 1997 WL 677291

CourtDistrict Court of Appeal of Florida

DecidedOctober 31, 1997

DocketNo. 97-1223

StatusPublished

This text of 700 So. 2d 808 (Nolan v. State) 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

Nolan v. State, 700 So. 2d 808, 1997 Fla. App. LEXIS 12221, 1997 WL 677291 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

Petitioner, Terry J. Nolan, seeks a writ of habeas corpus to secure a belated appeal. The petitioner’s original appeal was dismissed as untimely filed. The trial court, sitting as a Commissioner of this court, see Florida Rule of Appellate Procedure 9.140, found that the petitioner timely communicated his request for appeal to his counsel. Because the dismissal of the appeal was attributable to counsel, the petition for writ of habeas corpus is granted to permit a belated appeal.

Consistent herewith, appeal number 96-2565 is reinstated in this court, which shall be timely prosecuted in accordance with the appellate rules.

WRIT GRANTED, BELATED APPEAL AUTHORIZED.

COBB, W. SHARP and HARRIS, JJ., concur.

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PER CURIAM.

Petitioner, Terry J. Nolan, seeks a writ of habeas corpus to secure a belated appeal. The petitioner’s original appeal was dismissed as untimely filed. The trial court, sitting as a Commissioner of this court, see Florida Rule of Appellate Procedure 9.140, found that the petitioner timely communicated his request for appeal to his counsel. Because the dismissal of the appeal was attributable to counsel, the petition for writ of habeas corpus is granted to permit a belated appeal.

Consistent herewith, appeal number 96-2565 is reinstated in this court, which shall be timely prosecuted in accordance with the appellate rules.

WRIT GRANTED, BELATED APPEAL AUTHORIZED.

COBB, W. SHARP and HARRIS, JJ., concur.

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Bluebook (online)

700 So. 2d 808, 1997 Fla. App. LEXIS 12221, 1997 WL 677291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nolan-v-state-fladistctapp-1997.