Samuel v. State

District Court of Appeal of Florida

Samuel v. State

133 So. 3d 608, 2014 WL 860610, 2014 Fla. App. LEXIS 2970

District Court of Appeal of Florida·Decided March 4, 2014·No. No. 1D14-0205·Published

Opinion

PER CURIAM.

The petition for belated appeal is dismissed without prejudice to petitioner securing the rendition of an appealable, written order, via petition for writ of mandamus if necessary, and filing a timely notice of appeal directed to that order. See, e.g., State v. Sullivan, 640 So.2d 77, 78 (Fla. 2d DCA 1994) (“[i]f a trial court fails or refuses to enter a written order that is needed for an appeal, counsel has the remedy of filing a motion or a petition for writ of mandamus with this court to compel the trial court to enter such an order” (citing State v. Bolick, 512 So.2d 960 n. 1 (Fla. 2d DCA 1987))).

CLARK, MAKAR, and OSTERHAUS, JJ., concur.

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PER CURIAM.

The petition for belated appeal is dismissed without prejudice to petitioner securing the rendition of an appealable, written order, via petition for writ of mandamus if necessary, and filing a timely notice of appeal directed to that order. See, e.g., State v. Sullivan, 640 So.2d 77, 78 (Fla. 2d DCA 1994) (“[i]f a trial court fails or refuses to enter a written order that is needed for an appeal, counsel has the remedy of filing a motion or a petition for writ of mandamus with this court to compel the trial court to enter such an order” (citing State v. Bolick, 512 So.2d 960 n. 1 (Fla. 2d DCA 1987))).

CLARK, MAKAR, and OSTERHAUS, JJ., concur.

Samuel v. State, 133 So. 3d 608, 2014 WL 860610, 2014 Fla. App. LEXIS 2970 (Fla. Ct. App. 2014).

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Opinion

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