Roger D. McDaniel v. Ralph Whitfield
This text of Roger D. McDaniel v. Ralph Whitfield (Roger D. McDaniel v. Ralph Whitfield) 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.
Opinion
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
ROGER D. MCDANIEL, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED
v. CASE NO. 1D16-4572
RALPH WHITFIELD,
Appellee.
_____________________________/
Opinion filed April 11, 2017.
An appeal from an order of the Circuit Court for Liberty County. Francis J. Allman, Judge.
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.
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